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(영문) 특허법원 2018.10.26 2018허4263
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. On July 13, 2017, the Defendant asserted that “The Plaintiff’s instant registered trademark indicated in B (B) was not used in the Republic of Korea for three or more consecutive years prior to the date of the request for a trial as to the designated goods subject to cancellation, and thus, the trademark registration as to the designated goods subject to cancellation should be revoked because it falls under Article 119(1)3 of the Trademark Act,” and that the Plaintiff filed a request against the Intellectual Property Tribunal for a trial on cancellation of trademark registration as to the designated goods subject to cancellation (hereinafter “instant request for a trial”).

(2) On April 19, 2018, the Korean Intellectual Property Trial and Appeal Board rendered a trial ruling accepting the instant registered trademark on the ground that the Plaintiff or exclusive or non-exclusive licensee, who is a trademark right holder, cannot be deemed to have properly used the instant registered trademark on the designated goods subject to revocation within three years before the date of the instant trial request, and that there is no justifiable reason for not using the registered trademark.

B. The Plaintiff’s registration number/application date/registration date/Renewal/Renewal of the trademark registration date of this case: For designated goods consisting of the liquids, strings, caps, chairss, chairss, wrings, locking tabless, magazine covers, coods, bells, softens, softens, softens, non-explosion diseases of Category 21 in precious metal No. 24, Kafs, 27, Kafs, and 27, 【The grounds for recognition of the two (i.e., carpets) of Category A, 1 and 2, and the purport of all pleadings as a whole.

2. Whether the trial decision of this case is unlawful

A. The Plaintiff’s assertion is a non-exclusive licensee for the F Co., Ltd. (hereinafter “F”) whose representative director is the Plaintiff, and the Plaintiff indicated the instant registered trademark on the Internet shopping mall “G” from February 20, 2014 to March 10, 2017 and the Internet shopping mall “H” around March 10, 2017.

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