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(영문) 특허법원 2019.02.22 2018허1936
등록취소(상)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On July 7, 2016, the Defendant: (a) against the Plaintiffs, who are the right holder of the registered trademark/service mark of the instant registered trademark/service mark, the designated service business of the instant registered trademark/service mark by the Intellectual Property Trial and Appeal Board 2016Da1977, the Defendant “the textbook publishing business, book publishing business, mail publishing business, private teaching institutes management, beauty learning and technical guidance business, cultural and art and social education service business, beauty education information business, beauty learning institute management business, beauty learning institute business, cremation education information provision business, and cremation (hereinafter “designated service business of this case”).

2) A petition filed for adjudication to revoke the registration of the instant case (hereinafter “instant petition for adjudication”).

(2) In a trial proceeding, the Korean Intellectual Property Tribunal argued that “The registration of the instant designated service business should be revoked on January 8, 2018, because the instant registered service mark was not used in Korea for not less than three consecutive years prior to the date on which a request for revocation of registration was filed, and thus, constitutes Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same).” Accordingly, the Korean Intellectual Property Tribunal rendered the instant trial decision citing the instant registered service mark on the ground that “the evidence submitted by the Plaintiff alone cannot be deemed to have properly used the instant registered service mark within three years prior to the date on which the instant request was filed, and it was not proven that there was any justifiable reason for not using the instant registered service mark.”

B. The plaintiffs' registration number/filing date/registration date of the registered trademark service mark of this case: D/ E/F composition of the registered trademark service mark: The designated goods and designated service business: Human speed, eyebrow, contacter for cremation, medication for cremation, hairing for cremation, beauty cryp, hairing, hair coloring, hair coloring, shampoo and shamper, general compost, shamper, shamper and shamper, spathy, spathy, and cremation fees.

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