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(영문) 특허법원 2017.07.07 2016나1462
상표권이전등록말소청구 등의 소
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal and the Defendant (Counterclaim Plaintiff C)’s counterclaim that the court changed on an exchange basis.

Reasons

1. Basic facts

A. The process of the publication of “F” and the trademark registration 1 of the instant registered trademark from around 2003: H had registered the title “F” with the competent authority; H as the representative director of J (Establishment February 5, 2003; Dissolution on December 3, 2008) and published the newspaper using the above title; from the same time until the date of 2012, the newspaper had been continuously published through the following companies (No. 2,3,5-7, 77-79) (No. 2, 1997; hereinafter the representative director L); and at the same time, the former E- 2, Inc. and the former E- 2, Inc. (former 201, 204; hereinafter the “former E- 4, 201”) were changed to the name of the E- 4, and the latter E- 2, 201, changed to the name of the E- 4, 2010.

(A) No. 8; hereinafter referred to as the “F issuer” in total of the companies that, in substance, published the newspaper referred to in subparagraph 1 of the “F” while operating H as above.

3) Meanwhile, by filing an application for trademark registration with the Korean Intellectual Property Office for the following contents in the name of the former E, H completed the trademark registration of the instant registered trademark with AA trademark registration number W (Evidence A17) (A) : (b) newspapers, magazines, periodicals of Category 16 as classified in the category of goods:

B. On April 15, 2013, the Plaintiff, which entered into a title and trademark transfer agreement between the Plaintiff and new E, was established for the purpose of publishing and selling newspapers on April 15, 2013, and whose trade name was “B” was its original “B” on July 18, 2014.

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