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(영문) 특허법원 2020.04.02 2019허4871
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) The Plaintiff’s registered trademark (Evidence 1) of this case 1 / the filing date / the filing date/ the renewal registration date: C/D/E/E/2 October 2, 2013): Designated goods of Category 25: Children’s clothes, diskettes, children’s uniforms, children’s clothes, children’s clothes, dourts, Twitts, pacters, pacters, stols, typs, tyrts, etc.

B. The Defendant’s “actually used trademarks” collectively referred to as the “actually used trademarks,” and the term “actually used trademarks” is defined as follows.

1) Composition: Products using trademarks 1 in actual use, trademarks 2 in actual use, trademarks 3 in actual use, trademarks 4 in actual use, trademarks 52 in actual use: The end of each quantity;

C. The subject trademarks are collectively referred to as “subject trademarks” and, when referring to an individual subject trademarks, the term “subject trademarks” is as listed below:

1) Composition: Products using No. 3-A No. 3-A No. 3-2 of No. 3-2 of No. 5-2 of No. 3-2 of No. 5-2 of No. 5-2 of No. 4-2 of the subject trademark 4-2 of the subject trademark No. 1: Defendant

D. On April 3, 2002, the Defendant filed a lawsuit against F as Seoul District Court Decision 2002Gahap2148, which was partially quoted on November 7, 2002. The Defendant withdrawn the said lawsuit on February 7, 2003. Meanwhile, the Defendant sold both words indicating the Defendant’s trademark “,” and the Defendant filed a complaint against F as a violation of the Trademark Act (Violation of the Trademark Act) around September 2002.

In addition, the defendant and F have requested revocation and invalidation of the registered trademark between the Intellectual Property Tribunal and the Intellectual Property Tribunal.

3) On January 27, 2003, Defendant and F entered into an agreement with each other on the following terms and conditions in order to resolve their disputes (Evidence A 10; hereinafter “previous agreement”).

(b) written agreement on the use of the trademark G.

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