Text
1. The decision made by the Intellectual Property Tribunal on June 5, 2015 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The registered trademark (A evidence No. 1, B No. 1-2) 1)/ Date of application / Registration No. / Date of partition / Date of partition registration / Date of partition transfer / Date of partition transfer / Number: B/C/D/ May 20, 2012: / No. 2010/ Oct. 2, 2012: 3): The holder of the right to register the establishment of the trademark of the registered trademark of this case as to the designated goods of this case among the designated goods of this case, which fall under Category C products category No. 28: Defendant F originally transferred part of the trademark right to G on May 28, 2010, and completed the division registration of the designated goods of the registered trademark of this case among the above designated goods.
On October 2, 2012, F and G had the Defendant registered the partial transfer of trademark rights to the instant registered trademark.
On the other hand, the Defendant transferred the instant registered trademark right to H on June 25, 2014 and completed the registration of transfer to H on June 25, 2014, and again transferred the instant trademark right from H on October 15, 2014, and completed the registration of transfer to the Defendant.
For this purpose, the above trademark right is referred to as "the registered trademark of this case" without distinguishing it before and after the division of the trademark right.
B. On August 27, 2014, the Plaintiff did not use the registered trademark of this case against the Defendant before the Intellectual Property Tribunal, while the registered trademark of this case was used for any one of the designated goods in Korea for at least three consecutive years before the date of the request for a trial. Thus, the registration must be revoked pursuant to Article 73(1)3 of the Trademark Act.
2) On June 5, 2015, the Patent Tribunal filed a petition for a trial seeking the revocation of the trademark registration of the instant registered trademark with respect to the instant case and filed a petition for a trial seeking the revocation of the trademark registration. The Patent Tribunal shall have deliberated on the said petition for a trial and sold the instant registered trademark with the non-exclusive licensee of the instant registered trademark from December 2, 201 to January 201, the fact that the “E”, a non-exclusive licensee of the instant registered trademark, is recognized.
Therefore, this case.