1. The decision made by the Intellectual Property Tribunal on September 19, 2018 by the Intellectual Property Tribunal on the case No. 2017Da1514 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. On May 16, 2017, the Plaintiff asserted that “The instant registered trademark indicated in B (B) was not used in the Republic of Korea for at least three consecutive years prior to the date a request for revocation is filed, and thus, the trademark registration should be revoked pursuant to Article 119(1)3 of the Trademark Act.” The Plaintiff filed a claim against the Defendant, the trademark holder of the instant registered trademark, as the Intellectual Property Tribunal No. 201514, against the Defendant, the trademark holder of the instant registered trademark, for adjudication on revocation of the trademark registration of the instant registered trademark (hereinafter “request for revocation of the instant registered trademark”).

(2) On September 19, 2018, the Korean Intellectual Property Tribunal rendered a ruling dismissing the Plaintiff’s request for revocation of the instant trademark on the ground that “C”, a non-exclusive licensee who has obtained implied permission from the Defendant on the instant registered trademark, indicated “C” as indicated in paragraph (c) below, which is recognized as identical to the instant registered trademark. Since Titts bearing the trademark on the instant registered trademark, have been distributed in Korea within three years before the date of the instant request for adjudication (e.g., May 16, 2017), the instant registered trademark was used in the instant designated goods subject to revocation by the non-exclusive licensee within three years before the date of the instant request for adjudication, and does not fall under Article 119(1)3 of the Trademark Act.”

B. The defendant's registration number/application date/registration date of the registered trademark of this case: The registered trademark of this case is D/E/F: The designated goods are as shown in the attached Form.

C. The defendant's actual use trademark of this case:

(d) The Plaintiff’s subject trademark 1) subject trademark 1: local chips, wheel-type measuring devices, knife measuring devices, coloring systems, cosmetics, books, diameters, toothbrus, brusings, brushes, car lighting, car lighting, painting, travel brus, handbb bags, etc.: Plaintiff 2) subject trademark 2: products subject to use: