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(영문) 특허법원 2020.02.06 2018허94
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 registration number 1)/ the filing date of the instant registered trademark 1/ the filing date of an application / the filing date of the trademark registration: The previous designated goods: C/D/E 2: 3) as shown in attached Table 1. B. On December 12, 2017, the Defendant filed against the Plaintiff for a trial seeking revocation of the trademark registration on the ground that the instant registered trademark was not used on the goods listed in attached Table 2 among the designated goods in Korea for at least three consecutive years before the filing date of the trial without justifiable grounds.

2) On March 27, 2018, the Intellectual Property Trial and Appeal Board deliberated the above case as 2017Da3915, and on March 27, 2018, the registered trademark of this case is subject to revocation of its registration pursuant to Article 119(1)3 and Article 119(3) of the Trademark Act, inasmuch as there is no evidence that the registered trademark of this case was properly used in the Republic of Korea within three years prior to the date of the request for a trial, and there is no evidence that there

“The instant trial ruling that cited the Defendant’s claim was rendered (Evidence A No. 1). [The respective descriptions of evidence No. 1, 17, and 18, based on recognition, and the purport of the entire pleadings.]

2. Determination:

A. The gist of the Plaintiff’s assertion (Grounds for revocation of the trial decision) was that the instant trial decision was unlawful since it judged otherwise, even though the Plaintiff properly used the instant registered trademark as to the designated goods listed in Appendix 2, among the designated goods of the instant registered trademark within three years before the date of the instant trial request.

B. Whether the decision of this case is unlawful or not Article 2(1)11 of the Trademark Act of the relevant legal principles, and the term "use of a trademark" means an act of indicating a trademark on goods or packaging of goods, a transfer or delivery of a trademark on goods or packaging of goods, or an act of display, export or import for the purpose of transfer or delivery (b), an act of indicating or displaying or widely informing the trademark on advertisements on goods, price lists, transaction documents, and other means.

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