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(영문) 특허법원 2016.10.07 2016허1505
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 filing date, registration date, and registration number of the Defendant’s registered trademark, service mark (A No. 1 No. 1) 1/registration date: 19/ May 19, 2011; 3) Category 3 of product classification for designated goods and service business: Boscen, bathing cosmetics, cosmetics, cosmeticcencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencenc, boom and boom, e.

B. The process of the instant decision (Evidence 1 and 2) 1) against the Defendant, who is the person entitled to registration of the instant registered trademark/service mark, before the Intellectual Property Tribunal on June 30, 2015, and the “instant registered service mark” was not used in the designated goods service business by the person entitled to registration or licensee in the Republic of Korea for at least three consecutive years before the date of the request for revocation. Thus, the registration must be revoked pursuant to Article 73(1)3 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”).

The Korean Intellectual Property Tribunal asserted to the purport that the registered trademark/service mark of this case was duly used by the Defendant within three years before June 30, 2015, and filed a petition for adjudication on the cancellation of registration of the registered trademark/service mark of this case. (2) The Korean Intellectual Property Tribunal reviewed the above request for adjudication, and on January 26, 2016, the registered trademark/service mark of this case is deemed to fall under Article 73 (1) 3 of the former Trademark Act, since the Defendant had within three years before the date on which the request for cancellation was filed, the registered trademark/service mark of this case was duly used in the “Sknish’s cosmetic” or “Skink’s cosmetic and didi’s cosmetic from among the designated goods in Korea.”

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