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(영문) 특허법원 2014.10.24 2014허3651
등록취소(상)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The filing date of the instant registered service mark (1)/ the registration date/ the trademark service mark registration number: B/C/D (2): The designated goods seeking cancellation: (3) the designated goods indicated in [attached Form];

(4) Person entitled to registration: the Plaintiff

B. (1) On May 24, 2013, the Defendant filed a petition for the revocation of registration with the Plaintiff, asserting that the registration of all the designated goods of this case should be revoked pursuant to Article 73(1)3 of the Trademark Act, on the grounds that the registered trademark of this case has not been used for all the designated goods of this case in the Republic of Korea without justifiable grounds in the Republic of Korea for at least three consecutive years (from May 24, 2010 to May 23, 2013; hereinafter referred to as “period of request for use”) prior to the date of request for a trial.

(2) On April 30, 2014, the Korean Intellectual Property Trial and Appeal Board deliberated on the above request for a trial as 2013Da1370, and decided on April 30, 2014, “(1) the Defendant is an interested party in the above request for a trial to revoke the registration, and there is no interest in the above request for a trial to revoke the registration, and thus the above request for a trial to revoke the registration cannot be seen as an unfair competition or abuse of claim. Therefore, the above request for a trial is lawful. ② There is no evidence to prove that E, F, G, and H, etc., who obtained a non-exclusive license for the designated goods of this case from the Plaintiff or the Plaintiff, has properly used the registered trademark/service mark of this case as to the designated goods of this case during the period of demanding the use admission of the registered trademark/service mark. Therefore, the registered service mark of this case should

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Grounds for revoking the decision of the Plaintiff’s assertion and the gist of the Defendant’s assertion

A. The plaintiff.

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