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(영문) 특허법원 2020.12.03 2019허7634
등록취소(상)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. On the ground that the registered trademark of this case was not proved to have been properly used in the Republic of Korea within three years before the date a request for revocation was filed, the instant trial decision revoking the registration of the designated goods of this case among the registered trademark of this case was rendered.

(1) Case Number Decision 2019Heo7603 203 2018 1656 dives, diskettes, anti-cot, 2019Heo7610 dives, 2018 dives, kives, inner panty, lock clothes 2019Heo7627 201659 dives, Kexs, pons, ponz, scisf, 2018 dives, 161 dives 2018 dives 2018 dives 2018 dives 2018 dives 2018 654 dives 2018 dives 1654 dives dives 201827 dives dives 82017 dives dives 165 dives

2. The summary of the Plaintiff’s assertion falls under F and G, a non-exclusive licensee or exclusive licensee of the instant registered trademark, and the product photographs on the instant designated goods submitted by the Plaintiff include set numbers. According to the set number system, etc., it can be seen that the instant designated goods were produced and sold within three years prior to the date of the instant request for a trial.

Therefore, the Plaintiff properly used the instant registered trademark on the designated goods in Korea within three years from the date of request for trial by a non-exclusive licensee or exclusive licensee ( June 1, 2018).

Nevertheless, the decision of this case has to be revoked because it is judged differently.

3. This.

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