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(영문) 특허법원 2019.11.08 2019허5638
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 Defendant’s registered trademark 1) filing date/registration date//registration number: C/D/E2) Gu: Designated goods: C/D/E 3) classified into the category of goods: Pock, rice PP, Ston Pock, Pock, Pock, etc. (attached Form 1) classified into category 30

A person shall be appointed.

B. The Plaintiff’s specific net-use trademark 1: (ii) products: the Defendant;

(c) The date of application 1A of the subject trademark 1)/ the registration date / the renewal of the registration number: F/ G/ H/ 201; F/ H b) designated goods: Pursuant to subparagraph 30 (Attached 2A; hereinafter the same shall apply): Filing date of registration / the date of registration / the renewal of registration / the former registration number : I/ J/K/ 27 October 2016: 30 of the classification of goods; 10 of the goods; 32 of the classification of goods; 20 percent of the number of goods; 30 percent of the number of goods; 30 percent of the number of goods; 30 percent of the number of goods; 30 percent of the number of goods; 30 percent of the number of goods of the owner; 30 percent of the number of goods of the owner; 30 percent of the number of goods of the owner; 30 percent of the number of goods of the owner;

D. On April 18, 2018, the Plaintiff asserted that the registration of the instant registered trademark should be revoked as it falls under Article 119(1)1 of the Trademark Act in relation to the subject trademark by the Defendant, who is a trademark right holder of the instant registered trademark, using the trademark in actual use, falls under the relationship with the subject trademark, and filed a request with the Intellectual Property Tribunal for a trial to revoke trademark registration (2018Da1195) regarding the registered trademark.

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