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(영문) 특허법원 2017.10.20 2017허5535
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on July 3, 2017 by the Intellectual Property Tribunal on a case No. 2016Da161 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On January 8, 2016, the Plaintiff: (a) the registered trademark/service mark of the Defendants as indicated in paragraph (b) below on January 8, 2016 is the goods indicated in [Attachment 1] among the designated goods (hereinafter “designated goods of this case”).

The former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) as it was not used in the Republic of Korea for at least three consecutive years prior to the date of a request for a trial.

(3) As to the trademark registration of the designated goods of this case falls under Article 73(1)3 of the Patent Tribunal, the trademark registration of this case should be revoked. As to the Defendants, the Patent Tribunal rendered an adjudication on the cancellation of trademark registration of the designated goods of this case under Article 73(1)3 of the Patent Tribunal (hereinafter “trial on

(2) On July 3, 2017, the Korean Intellectual Property Tribunal rendered the instant trial decision dismissing the Plaintiff’s request for revocation of the registration of the instant registered service mark on the ground that the instant registered service mark does not fall under Article 73(1)3 of the former Trademark Act, on the grounds that C, a non-exclusive licensee of the instant registered service mark, used the instant registered service mark as at least one of the instant designated goods within three years before the date of the instant request for trial.

B. The defendants' registration number / filing date / registration date / registration date / registration date: Trademark service mark registration D/ E/F/G composition: Designated goods: Titts, etc. (attached Form 2) classified by the category of goods:

Registered trademark service mark right holder: Defendants

C. C’s actual use of the trademark 1) On November 2004, Defendant B, the co-owner of the instant registered trademark/service mark right, issued to Defendant A, the other co-owners, a power of attorney to delegate all the rights to the instant registered trademark/service mark right. 2) H Co., Ltd. (hereinafter “H”) was established on June 30, 2004 for the purpose of clothing manufacturing and wholesale and retail, and on December 3, 2012, Defendant B, the co-owner of the instant registered trademark/service mark right.

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