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(영문) 특허법원 2019.06.21 2018허1660
등록무효(상)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relation 1) The defendant C registered the arboretum under the name of "D" on December 29, 2004 and registered the arboretum and the forest E, etc. (hereinafter "the instant real estate").

(C) The service marks listed in the following sub-paragraph (c) (hereinafter referred to as “pre-use service marks”).

2) The arboretum (hereinafter referred to as “instant arboretum”) is used as an arboretum

A) Defendant C operated the instant arboretum. Defendant C used “D” as the name of the instant arboretum and the name of the arboretum as the “N’s forest quota,” as the N was engaged in an activity as alivation price. (2) As to the instant real estate and standing timber on the instant ground, the real estate and standing timber on March 18, 2014, the real estate and standing timber on which the Plaintiff was awarded a successful bid on the instant real estate and standing timber on March 17, 2014, and the ownership transfer registration was made in the Plaintiff’s future on April 17, 2014.

3) From June 5, 2014, the Plaintiff directly operated the instant arboretum and used the pre-use service mark while directly operating the instant arboretum. Defendant C applied for the service mark indicated under J J (B) and received K registration (hereinafter the registered service mark as “instant registered service mark”).

(4) The instant registered service mark was entirely transferred from Defendant C on May 3, 2016 to Defendant B. On December 21, 2016, part of the instant registered service mark was transferred to Defendant C again, and on April 27, 2018, the right to the instant registered service mark was transferred to L with respect to the shares of Defendant B on October 10, 2018.

B. 1) Registration number/application date/registration date of the instant registered service mark / service mark M/J/K 2): Defendant C

C. service marks 1) Gu sexuality: the number of forest numbers, 2).

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