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(영문) 특허법원 2015.02.05 2014허7301
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) Date (1)/registration number of the registered trademark of this case: 2/C/D (2) composed of the designated goods: golfization, c/C/D (3): 25 categories of goods; farming c/c/c/c/c/lication; sandbox, slocks; sports strings; sports strings; rac/c/c/c/cot; reflectrs; Bancot, Paris, strings; new uniforms, children’s clothes, uniforms; dubs; raw clothes, infant uniforms, uniforms, children’s uniforms, caps, work clothes, locked; compacts, compactas; Pots; Pots; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Marts; Marts; Mats; Mats; Mats;

B. (1) On October 1, 2013, the Plaintiff asserted that “The registered trademark of this case is not used for three consecutive years (from October 1, 2010 to September 30, 2013; hereinafter referred to as “period of demand for use”) before the date of the request for the revocation trial on all the designated goods of this case, and that the registration must be revoked pursuant to Article 73(1)3 of the Trademark Act.” The Plaintiff claimed that “The registered trademark of this case shall be revoked pursuant to Article 73(1)3 of the Trademark Act.”

(2) After reviewing the above request for a trial, the Intellectual Property Trial and Appeal Board dismissed the plaintiff's request on August 7, 2014, on the ground that "the registered trademark of this case can be recognized as being properly used in the Republic of Korea by sexual light trading (hereinafter "sexual light trading") which is a non-exclusive licensee during the period of request for the use of infant uniforms and Poloits among the designated goods of this case, and thus, it does not fall under Article 73 (1) 3 of the Trademark Act."

[Reasons for Recognition]

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