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특허법원 2014.12.26 2013허5490

1. All of the plaintiffs' claims are dismissed.

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


1. Basic facts

A. 1) Registration number/application date/registration date/Renewal registration date: Trademark D/E/F/G 2: 3): The designated goods of category 32: The obligee entitled to registration: The Plaintiffs

B. On August 27, 2012, the Defendant filed a petition for adjudication on the revocation of registration against the Plaintiffs on the ground that the registered trademark of this case is not used in the Republic of Korea for three or more consecutive years by either the owner of the trademark right, exclusive licensee, or non-exclusive licensee on the designated goods without justifiable grounds, and that the registration should be revoked pursuant to Article 73(1)3 of the Trademark Act (hereinafter “instant petition for adjudication”).

(2) On May 22, 2013, the Intellectual Property Trial and Appeal Board deliberated on this issue as 2012Da2267, and rendered the instant trial ruling citing the Defendant’s above request for a trial on the ground that the Plaintiffs failed to prove that they used the instant registered trademark within three years before the date of the request for revocation.

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

2. Summary of the grounds for revocation

A. The Plaintiff Company H (hereinafter “H”) was substantially operated by I, and all applications and management of the instant registered trademark under H’s name were made by I. However, upon the sale of the trademark under his/her management through a successful bid procedure, I filed a trial suit claiming the revocation of the non-use of the instant registered trademark on the ground of the formal Defendant. This is unlawful by exercising an unreasonable right contrary to the good faith principle.

B. The period of non-use for three years cannot be confirmed by the assignee in the case of a successful bid of the trademark right through the auction procedure, which is not the general sale procedure.