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TITLE Supreme Court Decision 2017Hu2178 Decided February 13, 2020 【Revocation of Registration (Trademark)】 [full Text]
Summary
[1] Legislative purport of Article 73(1) Subparagraph 8 of the former Trademark Act
[2] Method of determining whether a trademark that is actually used by an exclusive licensee or a non-exclusive licensee, may be confused with that of another person, subject to confusion with the said trademark in accordance with Article 73(1) Subparagraph 8 of the former Trademark Act
In a case where a licensee who had obtained permission to use from a trademark right holder after a trademark right was transferred used a trademark identical or similar to a registered trademark, method of determining whether it may be sufficient to deem that the use of the registered trademark is unlawful by social norms
[3] The requirements for the trademark of another person (subject trademark) subject to confusion as referred to in Article 73(1) Subparagraph 8 of the former Trademark Act and whether the subject trademark either falls under the scope of a right of the pertinent registered trademark or may be considered as a trademark subject to confusion even if it does not correspond to the registered trademark under the Trademark Act (affirmative)
In a case where trademark rights are transferred, whether the previous trademark right holder or a licensee who obtained permission to use the trademark from the said trademark right holder may be also included in “another person” (affirmative)
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