logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2015.12.04 2015허2785
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on April 6, 2015 regarding the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The registered trademark 1) filing date/registration date//registration number: B/C/D2: Designated goods (attached Form 4): The plaintiff;

B. On May 7, 2014, the Defendant did not use the registered trademark of this case against the Plaintiff at the Intellectual Property Tribunal, and the registered trademark of this case at least three consecutive years prior to the filing date of the request for a trial on the designated goods by either the trademark right holder, exclusive or non-exclusive licensee in the Republic of Korea, and the registration thereof must be revoked pursuant to Article 73(1)3 of the Trademark Act.

2) On April 6, 2015, the Plaintiff did not prove that the registered trademark of this case was properly used for “Obane” among the designated goods in Korea within three years before the filing date of the request for a trial. As such, the part of the registered trademark of this case concerning “Obane” among the designated goods falls under Article 73(1)3 of the Trademark Act and its registration should be revoked on the grounds that the registered trademark of this case falls under Article 73(1)3 of the Trademark Act.

【Ground for recognition】 The fact that there is no dispute, Gap 1 and 2, the purport of the whole pleading

2. Whether the trial decision of this case is legitimate

A. The purport of the Plaintiff’s assertion is that the Plaintiff, a trademark right holder of the instant case, sold the Otobba product bearing the instant registered trademark “,” or indicated the instant registered trademark on the signboards of Otoba store operated by himself, thereby using the instant registered trademark as to Otoba within three years prior to the date of the instant request for a trial.

Therefore, the part of the registered trademark of this case concerning Obane does not fall under Article 73 (1) 3 of the Trademark Act, and thus, it is judged differently.

arrow