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(영문) 특허법원 2015.03.27 2014허7783
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on August 29, 2014 on the case No. 1849 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The registration number 1)/ the filing date/registration date of the instant registered trademark: The designated goods constituting the trademark registration No. 761265/65/99, Sept. 28, 2006: 3) : The designated goods are as indicated in the attached Form 28, other than the cocopic game acquisition machine for the game center type No. 28. B. On July 11, 2013, the Defendant asserted against the Plaintiff that the instant registered trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act because it was not used in the Republic of Korea for at least three consecutive years with respect to the designated goods falling under Category No. 28 of the product category among the designated goods, the Defendant asserted that the registration of the instant registered trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act. The Intellectual Property Trial and Appeal Board deliberated on this issue as the above designated goods of the instant registered trademark, and asserted that the Defendant’s appeal was without merit.

2. Determination as to the propriety of the instant trial decision

A. The gist of the Plaintiff’s assertion 1) around April 201, the Plaintiff used the instant registered trademark by means of indicating the instant registered trademark in transaction documents on the designated goods of the instant registered trademark within three years prior to the filing date of the instant request for the revocation of registration, as the instant registered trademark is indicated in the list of goods in the invoice sent to Nonparty Mexico Entertainment Co., Ltd. (hereinafter “State”), a game machine distribution company (hereinafter “Mexico”).

B) Around April 2011, 2011, Mexicos used in the game center, which indicated the instant registered trademark by the Plaintiff, for the acquisition of free gifts games (hereinafter referred to as “ordinary game for the acquisition of goods”).

The registered trademark of this case, such as importing and distributing B, was properly used in the Republic of Korea within three years before the filing date of the instant petition for the revocation of registration.

Therefore, the registration of the trademark of this case is revoked.

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