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(영문) 특허법원 2018.06.07 2017허6194
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 1) registration number/ application date/registration date/registration date/registration date: Type 3/D/ E/F2 of the trademark registration: Packing paper 16 of the classification of the category of goods of category 3 designated goods of category 14, packing plastic bags, packing plastic bags, packing plastic packaging boxes, pel boards boxes, paper paper boxes, packing plastic bags, bags, bags, bags bags, bags, bus bags, tour boxes, travel boxes, line boxes, travel bags, document bags, handbags, non-dive metal paper boxes of category 20 of the goods of category 18 of the category of goods of category 3 designated goods;

B. On December 23, 2015, the Defendant filed against the Plaintiff on December 23, 2015, the Intellectual Property Tribunal for a trial against the Plaintiff on the ground that “the registered trademark of this case shall be revoked pursuant to Article 73(1)3 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter referred to as the “former Trademark Act”) claiming that the registration of the designated goods of this case was not revoked within the Republic of Korea on the ground that “the registered goods of this case shall be revoked pursuant to Article 73(1)3 of the former Trademark Act and the registration of the designated goods of this case shall not be proved to have been revoked within 2015,56, on the ground that: (a) the registered goods of this case among the designated goods of this case, the Korean Intellectual Property Tribunal did not use the registered goods of this case on the ground that the registration of the designated goods of this case was revoked by the Defendant within 37 days prior to the filing date of the trial for revocation.”

[Reasons for Recognition] deemed confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)

2. Whether the trial decision of this case is unlawful

(a)the use of trademarks;

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