1. The decision made by the Intellectual Property Tribunal on June 3, 2019 on the case No. 1538 shall be revoked.

2. The costs of lawsuit shall be.

1. Presumed factual basis

A. Trademark 1) Date/registration date/registration number: C/D/E 2: (Color trademark 3): Designated goods classified into category 8: sirens, sirens, spenes, spactrens, spactrens: tools used for the combination and decomposition of Nalis, which may generate a strong sprink in a timely fashion. There are electric dynamics, compressing systems, manual systems, manual systems, etc.

B. On May 17, 2018, the Defendant filed a petition for a trial to revoke the trademark registration of the instant registered trademark with the Intellectual Property Tribunal against the Plaintiff, on the ground that “The instant registered trademark constitutes a case where any of the trademark right holders, exclusive or non-exclusive licensee has not been used in the Republic of Korea for at least three consecutive years before the date a request for revocation is filed without good cause, and thus, constitutes Article 119(1)3 of the Trademark Act.” (2) The Intellectual Property Tribunal deliberated on the instant request for a trial with the Supreme Court Decision 2018Da1538, and did not prove that the Plaintiff used the instant registered trademark in the Republic of Korea within three years before the date of the request for a trial on June 3, 2019.” Thus, the instant registered trademark was revoked on the ground that “any of the grounds for revocation of registration under Article 119(1)3 of the Trademark Act exists.”

Article 2(1) of the Addenda to the Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) provides that “This Act shall begin to apply from the filing date of an application for trademark registration filed after this Act enters into force.” Since the registered trademark of this case is C prior to the enforcement date of the wholly amended Trademark Act, Article 73(1) of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply).