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(영문) 특허법원 2020.06.18 2020허1984
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on March 14, 2017 on the case No. 2016Da4198 shall be revoked.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

(a) The registration number 1) / the filing date of an application / the filing date of registration / the renewal registration date: Trademark registration C/D/E/E/ December 5, 2013: The designated goods 3: Kim, U.S., and protruding in Category 29 of Goods

(b) Marks 1) User: 2) User of the trademark in actual use: F Co., Ltd. (Defendant, the owner of the trademark in this case, is a representative director, and the user of the trademark in actual use 1) and G (the non-exclusive licensee of the trademark in this case, who is a non-exclusive licensee of the trademark in actual use 2);

C. Marks 1) User: H Co., Ltd. (the former holder of the trademark of this case is a representative director, and hereinafter referred to as “H”) user: G Co., Ltd. (the former holder of the trademark of this case is a representative director)

A person shall be appointed.

(d) Similar service marks (related marks under Article 73(1)9 of the former Trademark Act) / filing date of an application / filing date of registration: 3) Designated service marks: Sales agency business of the lavered service, sales brokerage business of the lavered service, sales agency business of the lavered service business, sales agency business of the lavered service business, sales agency business of the lavered service business, sales agency business of the lavered service business, sales agency business of the frying, sales brokerage business of the frying, and sales brokerage business of the f

E. On April 6, 2004, the date of registration of the right holder of the instant registered trademark and the date of registration of the right holder of the instant lawsuit, the judgment of revocation of fraudulent act by transfer on April 14, 2004, which is the cause of registration of the instant registered trademark, becomes final and conclusive on October 2009, partial transfer on May 25, 2004, and the cancellation of registration on August 15, 2005: (i) the details of the transfer of rights to the instant registered trademark on August 22, 2005, and (ii) the owner of the instant registered trademark on June 15, 201, as well as on October 27, 2011, under the order of revocation of the transfer of rights to the instant registered trademark on October 28, 2011 (the same shall apply to the order of revocation of the transfer of rights to the instant registered trademark on October 28, 2011).

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