logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2018.10.26 2018허4287
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. On July 13, 2017, the Defendant asserted that “The Plaintiff’s instant registered trademark indicated in B (B) was not used in the Republic of Korea for three or more consecutive years prior to the date of the request for a trial on the designated goods among the designated goods, and thus, the trademark registration on the designated goods subject to cancellation should be revoked,” and that the Plaintiff filed a request for a trial on the cancellation of trademark registration on the designated goods subject to cancellation under Article 119(1)3 of the Trademark Act (hereinafter “instant request for a trial”).

(2) On April 19, 2018, the Korean Intellectual Property Trial and Appeal Board rendered a trial ruling accepting the instant registered trademark on the ground that the Plaintiff or exclusive or non-exclusive licensee, who is a trademark right holder, cannot be deemed to have properly used the instant registered trademark on the designated goods subject to revocation within three years before the date of the instant trial request, and that there is no justifiable reason for not using the registered trademark.

B. The Plaintiff’s registration number/application date/registration date/Renewal/Renewal of the trademark registration date of this case: For designated goods consisting of the liquids, strings, caps, chairss, chairss, wrings, locking tabless, magazine covers, coods, bells, softens, softens, softens, non-explosion diseases of Category 21 in precious metal No. 24, Kafs, 27, Kafs, and 27, 【The grounds for recognition of the two (i.e., carpets) of Category A, 1 and 2, and the purport of all pleadings as a whole.

2. Whether the trial decision of this case is unlawful

A. The Plaintiff’s assertion that the F Co., Ltd. (hereinafter “F”) whose representative director is the Plaintiff is a non-exclusive licensee from February 20, 2014 to March 10, 2017, registered as a product cushion indicating the instant registered trademark on the Internet shopping mall “G” and the Internet shopping mall “H” from March 10, 2017, and advertised the goods.

arrow