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(영문) 특허법원 2017.06.09 2016허8643
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 Plaintiff’s registered trademark 1) registration number/ application date/registration date of the Plaintiff: The registered trademark registration date is 70101/11, June 2, 2006 / 7.7.2/2, 2007 / 2007 / 3) the former designated goods: the physical uniforms for men under Chapter 25, the product classification of which is for men’s use of strings, man’s use strings, dusts for men’s use, strings for men’s use, strings for men’s use, male strings, strings for men’s use, watchers for men’s use, booms, women’s use strings, women’s use strings, women’s use strings, women’s use strings, women’s use strings, women’s use strings, women’s use strings, women’s use strings, women’s.

B. On February 24, 2015, the Defendant: (a) against the Plaintiff on February 24, 2015; and (b) on the grounds that the registered trademark of this case was used in Korea by an owner of the trademark right, exclusive licensee, or non-exclusive licensee for at least three consecutive years before the date of filing a request for revocation; and (c) on the designated goods, the registered trademark of this case was not used in Korea by any person; and (d) the same applies to the former Trademark Act

(2) On September 19, 2016, the Korean Intellectual Property Tribunal filed a petition for a trial seeking revocation of registration by asserting that the registration should be revoked pursuant to Article 73(1)3 (2) of the former Trademark Act (see, e.g., Supreme Court Decision 2015Da578, Sept. 19, 2016). The Korean Intellectual Property Tribunal rendered the instant trial ruling cited by the Defendant on the ground that “It is difficult to see that the registered trademark of this case or a trademark recognized as identical to the registered trademark of this case has been properly used on the designated goods by the Plaintiff who is a trademark right holder in Korea within three years before the date of the instant petition for revocation of registration

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, respectively.

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