beta
Text
1. The plaintiff (Counterclaim defendant) shall be in attached Form;
1. Attached Form using or indicating service marks listed in the list;
4. List.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant C: March 29, 2005 attached Form
1. The service mark listed in the list (hereinafter “instant service mark”) was transferred from B (a company separate from Defendant B, which was established on January 24, 1983, and was dissolved on December 5, 201; hereinafter “former B”) and completed the registration of transfer to Defendant B on February 20, 2014.
B. On March 31, 2008, the Plaintiff entered into a service mark right transfer contract with Defendant C (hereinafter “instant transfer contract”). The main contents of the contract are as follows.
(‘Transferr’s “Defendant C” and “Assignee” refer respectively to the Plaintiff. This Agreement is concluded by the transferor and the assignee and establishes the following facts:
1) The transferor is entitled to all the following service marks registered with the Korean Intellectual Property Office (hereinafter referred to as “service mark rights subject to transfer”).
(A) The contract (Evidence A) contains a “service mark right” but is the owner of the service mark as above for convenience. The application number is the owner of the service mark. The application number is the FG figure No. 1 FG figure No. 36 of the service-based registration number of each category of the service, the registration number of which is the registration number No. 1 FG figure No. 36 of the FG figure No. 36, J. 35 of J. 35 of L 4 FM No. 39 of H 39 of FB No. 39 of 5 FP No. 39 of 5 FP No. 39 of Q6R No. 37 of T. 37 of Q. 39 of TN No. 39 of TN 39 of the MYN No. 45 of the service mark right to be transferred to the assignee under the following terms and conditions of the contract:
Article 1 [Definition of Terms] When used in this Agreement the following terms shall have the meanings set forth below at any time:
1. “Service mark right subject to transfer” is registered with the Korean Intellectual Property Office in accordance with the Trademark Act, owned and maintained by the transferor.