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(영문) 특허법원 2015.01.29 2014허4500
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on May 22, 2014 on the case No. 1666 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The filing date/registration date/registration number 1) of the instant registered trademark/service mark: C/D/E2: 3) The service business for the instant registered trademark/service mark of the designated goods is not designated. The registration right holder is as shown in attached Form 1: the Plaintiff.

B. On June 25, 2013, the Defendant: (a) against the Plaintiff on June 25, 2013, the designated goods of the instant registered trademark/service mark, the Defendant’s “intests, studs, fluors, studs, slick tapes, slickners, and garbials for clothing bad faith” (hereinafter “the instant designated goods”).

(2) On May 22, 2014, the instant registered trademark/service mark was not used in the Republic of Korea for more than three consecutive years without good cause, and thus, the instant registered trademark/service mark should be revoked pursuant to Article 73(1)3 of the Trademark Act. (2) The Intellectual Property Trial and Appeal Board deliberated on the instant case as the head of 2013Da1666, and rendered the instant trial ruling that the instant case was accepted by the Defendant on May 22, 2014.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, and the purport of the whole pleading

2. Summary of the parties' arguments;

A. The plaintiff used the registered trademark/service mark of this case in "Rass and Bas" among the designated goods of this case within three years prior to the date of the appeal for revocation of this case. Thus, the registration of the designated goods of this case of the registered trademark/service mark of this case should be maintained, but the decision of this case is inappropriate in conclusion.

B. Defendant 1’s products using the instant registered trademark/service mark fall under “curtainti e-backedk”, “testes”, etc., and does not fall under “tassping” of the instant designated goods, and ② The Plaintiff does not fall under the instant registered trademark/service mark as the designated goods within three years before the date of the instant request for revocation trial.

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