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(영문) 특허법원 2015.08.28 2015허1966
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on January 23, 2015 by the Intellectual Property Tribunal on the case shall be revoked.

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

Reasons

1. Basic facts

A. 1) The filing date/registration date//registration number of the registered trademark of this case: The composition of May 14, 2008/ No. 746952 of May 14, 2008: the designated goods (attached Form 1/4): the owner of the trademark of this case: the plaintiff

B. On February 3, 2014, the Defendant filed a request for the revocation trial on the trademark registration of this case with the Intellectual Property Tribunal against the Plaintiff, on the ground that “The registered trademark of this case is not properly used in Korea for three or more consecutive years before the filing date of the request for a trial on the designated goods indicated in [Attachment 2] among the trademark right holders, exclusive and non-exclusive licensee, and any other person, (hereinafter “the designated goods of this case”) without justifiable reasons, and thus, the registration of this case should be revoked pursuant to Article 73(1)3 of the Trademark Act.” (2) The Intellectual Property Tribunal deliberated on the above request for the revocation trial on January 23, 2015, and did not prove that the Plaintiff properly used the registered goods of this case among the designated goods of this case within three years before the filing date of the request for a trial on the grounds that the registered goods of this case fall under Article 73(1)3 of the Trademark Act and thus, the registration of this case should be revoked.”

[Reasons for Recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. Whether the trial decision of this case is legitimate

A. In this case, the Plaintiff asserted to the effect that it does not fall under Article 73(1)3 of the Trademark Act, since the Plaintiff used the registered trademark of this case in Korea around August 30, 2013, which was not more than three years from February 3, 2014, as the date of the instant request for a trial, on or around August 30, 2013.

On the other hand, the defendant was served with lawful service by public notice, but did not submit written answers and other preparatory documents on the date of pleading.

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