1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registered trademark 1) date/registration date/registration date/registration number of the renewal/registration date: February 19, 199/ January 24, 2000; / Trademark No. 046319/ May 24, 2010 : 3) Designated goods classified as category 5 of goods: So, the registered trademark of this case must be revoked pursuant to Article 73(1)3 of the Trademark Act, on May 23, 2014, since it was not used continuously for three years or longer prior to the filing date of the revocation trial without justifiable grounds.

2) After having examined the above request for a trial as 2014Da1207, the Intellectual Property Trial and Appeal Board rendered the instant decision citing the above request by the defendant on February 27, 2015. [The fact that there is no dispute over the grounds for recognition, Gap's evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The plaintiff asserted that the decision of this case is unlawful, although the registered trademark of this case should not be revoked, since the plaintiff used the "antibiotics agents" as designated goods of the registered trademark of this case in Korea within three years prior to the date on which the revocation trial of this case was requested.

3. Whether the registered trademark of this case constitutes Article 73(1)3 of the Trademark Act

A. For the purpose of Article 73(1)3 of the Trademark Act, the term "use of the registered trademark" means an act of indicating the trademark, or an act of transferring or delivering it on goods or packages of goods, or displaying, exporting or importing it for that purpose.