1. The decision made by the Intellectual Property Tribunal on March 26, 2018 on the case No. 2017Da405 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The registered trademark (Evidence 2) number 1) / the filing date / the filing date/ the renewal registration date: The registered trademark C/D/E/E/2 July 22, 2014: (iii) the designated goods: the Plaintiff: the Plaintiff’s trademark right holder: the mass end of Category 25 of the classification of the goods, the protective rope, the sports paintings, and the mother and child 4 of the classification of the goods;

B. On February 14, 2017, the Defendant filed a request for a trial to revoke the registration of the instant registered trademark with the Intellectual Property Tribunal under Article 119(1)3 of the Trademark Act, stating that “The registered trademark of this case was not used in the Republic of Korea for at least three consecutive years before the filing date of the request for a trial, so the registration must be revoked.” (2) On December 1, 2017, the Intellectual Property Tribunal filed a request for a trial to revoke the registration of the instant registered trademark on the ground that “No evidence exists to acknowledge that the Plaintiff had legitimate use of the instant registered trademark in the Republic of Korea within three years before the filing date of the said request for a trial or that there is no justifiable reason for not using the registered trademark on the designated goods.”

[Grounds for recognition] The items of evidence Nos. 2 and 16, and the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The Plaintiff asserted that the Plaintiff continued to use the instant registered trademark from around 2009 to December 31, 2017, and continuously produced and sold the horses using the instant registered trademark, etc., and used the instant registered trademark in Korea within three years prior to the date of the request for a trial.

Nevertheless, the trial decision of this case, which is judged differently, should be revoked as it is illegal.

B. Article 119(1)3 of the Trademark Act provides that a trademark registration may be revoked by a trial on the designated goods of a trademark right holder, an exclusive licensee, or a non-exclusive licensee, without justifiable grounds, by "where any one of the trademark rights holders, an exclusive licensee, or a non-exclusive licensee fails to use the registered trademark in Korea for at least three consecutive years before the date a request for revocation is filed." The main text of Article 119(3)