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(영문) 특허법원 2015.06.26 2014허8557
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on November 3, 2014 on the case shall be revoked.

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

Reasons

1. Basic facts

(a) The registered trademark 1) filing date/registration date//registration number: C/D/E 2: 3) the designated goods: The owner of the trademark right: the plaintiff

B. On February 24, 2014, the Defendant filed a petition for revocation of registration with the Intellectual Property Tribunal on the ground that “the registered trademark of this case shall be revoked in accordance with Article 73(1)3 of the Trademark Act because no person had used the registered trademark of this case for all of the designated goods in the Republic of Korea for at least three consecutive years before the filing date of the petition for adjudication.” 2) The Intellectual Property Tribunal deliberated on the aforementioned petition for adjudication on November 3, 2014, and failed to prove that “the Plaintiff has properly used the registered trademark of this case within three years before the filing date of the petition for adjudication,” and thus, the registered trademark of this case shall be revoked on the ground that “the registered trademark of this case shall fall under Article 73(1)3 of the Trademark Act and thus, shall be revoked.”

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

2. In this case, the Plaintiff asserted that the instant registered trademark was sold by displaying it on 12 occasions through the Internet shopping mall (G) of F Co., Ltd. operated in Korea from April 7, 201 to December 20, 2013, which is the date of the Defendant’s request for revocation judgment, from February 24, 2014 to February 20, 2013.

However, as the defendant did not appear on the date of pleading even after being served with lawful service not by public notice, Article 8 (2) of the Administrative Litigation Act, and Article 8 (2) of the Civil Procedure Act.

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