1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) Date of application/registration date//registration number: (3) Designated service business consisting of D/ E/F (2): A sale brokerage business within the boundary of category 35 classified by service business; (4) a retail business of Contex cleaning; (4) a wholesale business owner: the Defendant (G registered the instant service mark and completed the registration of transfer on January 15, 2019 for the reason of transfer) (after the Defendant completed the registration of the instant service mark)

B. (1) On January 22, 2019, a corporation A (hereinafter “A”) filed a claim against the Defendant for a trial to revoke the registration of a service mark on the ground that the registered service mark of this case was not used in Korea for three consecutive years without justifiable grounds, and that the registration should be revoked pursuant to Article 119(1)3 of the Trademark Act.

(2) On October 14, 2019, the Korean Intellectual Property Tribunal dismissed A's request for a trial on the ground that the registered service mark can be duly used by the defendant who is the holder of the service mark within three years before the date of request for a trial on October 14, 2019.

(hereinafter referred to as “instant trial decision”). C.

On November 12, 2019, A filed the instant lawsuit seeking the revocation of the instant trial decision. On November 25, 2019, Seoul Rehabilitation Court 2019 Gohap10197, which was pending in the instant lawsuit, was decided to commence rehabilitation proceedings.

The plaintiff taken over A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The main point of the Plaintiff’s assertion (1) is that the phrase “GLAS” among the registered service marks of this case is technically indicated with respect to the designated service business and its raw materials, quality, use, etc. are not distinctive, and the phrase “STRY” is merely an additional expression and thus has no distinctive character.

Therefore, the registered service mark of this case is a color trademark combining letters and diagrams.