2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff’s registered trademark (1) date of application / the date of decision of registration / the date of registration / the date of registration / the registration number: July 4, 2007 / July 16, 2008 / September 2, 2008 / Trademark Registration No. 759536 (2): The designated goods (attached Form 1): The designated goods (attached Form 1).

B. (1) On March 7, 2014, the Defendant filed a claim against the Plaintiff for a trial for invalidation of the registration of the instant registered trademark (2014Da609) with the Intellectual Property Tribunal, and with the purport that “The instant registered trademark falls under Articles 6(1)1, 2, 3, 7, and 7(1)11 of the Trademark Act, and thus, its registration should be invalidated pursuant to Article 71(1)1 and 5 of the Trademark Act.”

(2) On November 30, 2015, the Korean Intellectual Property Tribunal: “The registered trademark of this case constitutes a mark indicating the raw materials, etc. of goods” under Article 6(1)3 of the Trademark Act if it is used for goods using Jinsia after its registration was made in relation to the designated goods subject to invalidation indicated in [Attachment 2] among the designated goods; and if it is used for goods not using ginseng heat as raw materials, it would cause ordinary consumers to misunderstand the quality of goods containing Jinsia (Ginsia), and thus, Article 7(1)11 of the Trademark Act is also applicable under Article 7(1)11 of the Trademark Act. Thus, the registration of this case should be invalidated pursuant to Article 71(1)1 and 5 of the Trademark Act without examining the remaining grounds for invalidation. However, in relation to the remaining designated goods, the registration cannot be deemed null and void because it does not fall under Article 6(1), 2, 3, and 7 of the Trademark Act and Article 71(1)111 of the Trademark Act.

"On the ground of this, the defendant's decision of this case citing part of the above appeal was rendered.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is indicated in the instant trial decision (attached Form 2), contrary to the Plaintiff’s assertion.