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(영문) 서울중앙지방법원 2018.11.23 2018가합507290
상표권이전등록말소절차이행의 소
Text

1. The Defendant completed on September 3, 2015 with respect to the service mark listed in the separate sheet No. 1 list to the Plaintiffs.

Reasons

1. Basic facts

A. On May 6, 201, Plaintiff B transferred the trademark right and service mark right as to the clothing business, and completed the registration of transfer as to the above trademark right and service mark right in the name of the Plaintiffs on the same day on the same day when Plaintiff B transferred the trademark right and service mark right as to the registered service mark indicated in the separate sheet No. 2 (hereinafter “instant trademark”) and the registered service mark listed in the separate sheet No. 1 (hereinafter “instant service mark”) with Plaintiff C, H, and I along with Plaintiff C on May 6, 201, when Plaintiff B used the brand called “F” from around 209.

B. On May 2015, Plaintiff B discontinued the clothing business and agreed with Plaintiff A to separately operate the spawn business using the “F” brand, and around May 21, 2015, Plaintiff B agreed to the effect that “Plaintiff B would allow Plaintiff A to file an application for trademark registration of the category 9 of the product classification containing the Plaintiff’s spawn, glass, and liquid spawn as the designated goods, and cooperate with Plaintiff A to have the said trademark registered.”

C. Plaintiff A filed an application for trademark registration with respect to the mark “” as of the J date on the designated goods with the category 9 of goods as the designated goods.

Plaintiff

B and the Defendant, around June 2015, agreed to transfer all of the clothing business that Plaintiff B operated using the F brand to the Defendant for the repayment of the outstanding amount due to the outstanding amount due, and concluded a trademark transfer agreement on June 29, 2015 with the effect that Plaintiff B transferred the inventory goods held by Plaintiff B to the Defendant, and on July 2, 2015, “Plaintiff B transfer F, F’s trademark and route to the Defendant” (hereinafter “trademark transfer agreement on July 2, 2015”).

E. On July 2, 2015, pursuant to the trademark transfer agreement, the Plaintiffs transferred the right to registration of the trademark of this case to the Defendant on July 2, 2015.

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