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The decision made by the Intellectual Property Tribunal on October 8, 2019 on the case No. 2018Da1664 shall be revoked.
The costs of lawsuit are assessed against the defendant.
Reasons
. All amendments made before the amendment; hereinafter the same shall apply.
(1) The Plaintiff filed a petition for adjudication on revocation of registration by asserting that the registration should be revoked (hereinafter referred to as “instant petition for adjudication”).
(2) On October 8, 2019, the Intellectual Property Tribunal rendered the instant trial ruling revoking the registration of the instant designated goods among the instant registered trademarks on the ground that it was not proven that the instant registered trademark was properly used in the Republic of Korea within three years before the date on which the revocation request was filed.
Case Number Decision No. 2019No7566 2018.2018.166 Doz. 2018.2018 Doz. 1667 Doz. Doz. 2019Hu7573 2018.167 Doz. Doz. 2019. Doz. 2018. Doz. 2018. Doz. 2018. Gaz. 2018. Gaz. 1671. Gaz. 2018. Gaz. 1671. Gaz. 2016. Gaz. 1. 1. 1. 1. 2018. 1. 1. 1. 1. 1. 2016 Doz. 1. 1. 1. 1. 1. 1. 1. 1. 2018 Doz. 2061. - Do. 1. 2061.
2. The summary of the Plaintiff’s assertion, F and G are non-exclusive licensee or exclusive licensee of the instant registered trademark, and the instant registered trademark was properly used on the designated goods of this case within three years from the date of request for adjudication (as follows, June 1, 2018):
Nevertheless, the decision of this case has to be revoked in an unlawful manner because it judged otherwise.
Sale in the website shopping mall: A limited liability company G sold the instant registered trademark on the designated goods of this case through H website around 2016 and 2017.
B. Indication on the designated goods: A set number is indicated in the product photographs on the designated goods of this case submitted by the Plaintiff, and the set number is indicated.