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(영문) 특허법원 2021.03.25 2020허6736
등록취소(상)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

(a) Table 1) Registration number/application date/registration decision date/registration date: D/E//F/F2 on July 26, 2016 of the Service Schedule: Designated service 3): Defendant’s ticket service business: (a) simple restaurant business, tourist restaurant business, recreation restaurant business, waste-to-land restaurant business, restaurant restaurant business, restaurant restaurant business, restaurant restaurant, food introduction business, food introduction business, food cooking agency business, food cooking agency business, food preparation business, food preparation service restaurant business, accelerator service restaurant business, simple restaurant service restaurant business, swine machine specialized restaurant business, swine specialized restaurant business 4):

B. On August 26, 2019, the Plaintiffs filed a petition against the Defendant for a trial seeking revocation of the registration of the instant registration service table on the ground that “The instant registration service table was not used in the Republic of Korea for at least three years” as the Intellectual Property Tribunal 2726 per 2019, supra.

2) On September 1, 2020, the Korean Intellectual Property Tribunal does not fall under Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) since G was used in the Republic of Korea for the Korea food store business among the designated service business of this case as an ordinary licensee of the instant registered service list within three years prior to the date of a request for trial.

The decision of this case was rendered to dismiss the plaintiffs' request for adjudication on the ground that it is "."

(c)

1) On August 27, 2019, the Plaintiffs filed a petition with the Intellectual Property Tribunal for adjudication on invalidation of the instant registration service schedule as the Intellectual Property Tribunal No. 2749 on August 27, 2019.

On September 1, 2020, the Korean Intellectual Property Tribunal registered the instant registered service schedule in violation of Article 7 (1) 12 of the former Trademark Act.

For the reason that it is "," a trial ruling accepting a request for invalidation trial (hereinafter referred to as "adjudication on invalidation of this case") was rendered.

2) On September 25, 2020, the Defendant rendered a revocation of the instant invalidation trial decision against the Plaintiffs as Patent Court No. 2020, 6293.

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