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(영문) 특허법원 2017.04.27 2016허9073
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 (a)(2)(1) date/registration date/registration date/registration number of the instant registered trademark: (a) February 3, 1993// February 4, 201, 201; (b) the designated goods of No. 258169/ February 4, 2013: (c) the name of the name, cryp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salp, salparyp, salp, 31 categories of goods; (c) the name of the instant registered trademark (a) type of goods; (c)

B. (1) On January 7, 2016, the Defendant filed a claim against the Plaintiff on the Intellectual Property Tribunal for the revocation trial on the following grounds: “The instant registered trademark shall have to be revoked pursuant to Article 73(4) and (1)3 of the Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) by asserting to the effect that “The registration of the trademark of this case shall be revoked pursuant to Article 73(4) and (1)3 of the Trademark Act (hereinafter “former Trademark Act”) against any of its owner of the trademark right, exclusive licensee, or non-exclusive licensee, on the designated goods of Category 31 “Dama, U.S., Hancheon, M., U.S., neglect, and neglect” (hereinafter “designated goods subject to revocation”).

(2) On November 4, 2016, the Intellectual Property Tribunal rendered a trial ruling accepting the instant request for a trial (hereinafter “instant trial ruling”) by the Defendant on the ground that “the Defendant constitutes a legitimate interested party entitled to the instant request for a trial, and the Plaintiff did not prove any fact that the instant registered trademark was used within three years prior to the date of the date of the request for revocation, or that it did not prove any justifiable reason for not using the registered trademark.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The summary of the Plaintiff’s assertion (the grounds for revoking the trial decision).

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