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(영문) 특허법원 2015.06.25 2014허9475
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) Date of application/registration date/registration number 1) of the registered trademark/service mark 1 of this case: On February 21, 2002 / on January 9, 2004 : 3) Designated goods service business: The holder of the right to obtain registration, such as theater operation business, book publishing business, educational information provision business, art gallery management business, health club management business, stadium operation business, stadium facility leasing business, game center service, sports record keeping business, meeting preparation business, sports facility management business, event holding agency business, etc. of category 4: the plaintiff;

B. On March 26, 2014, the Defendant filed a petition for revocation trial against the Plaintiff on the ground that “The registered trademark service mark of this case was not used in the Republic of Korea for a preparatory business or educational information provision business (hereinafter “each designated service business of this case”) for revocation without justifiable grounds, the registration must be revoked pursuant to Article 73(1)3 of the Trademark Act.” (2) The Intellectual Property Trial and Appeal Board reviewed the above case of adjudication as 2014Da762, Nov. 27, 2014, and recognized the facts as follows. (a) The evidence submitted by the Plaintiff alone cannot be deemed to have used the registered trademark service mark of this case for each designated service business of this case. The fact of recognition is a juristic person established under the Korea Airports Corporation Act, and Article 9(1)2 of the Aviation Act, which is stipulated in the category of “education and training facility business for the purpose of training and training” under Article 4(1)4 of the Aviation Act.

The plaintiff establishes an aviation technical training center under its control in 1984, and establishes an aviation technical training center for overseas developing countries in addition to the job training for the Corporation itself, education for producers, the Ministry of Land, Infrastructure and Transport, the Army, the Air Force, and the Air Force.

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