1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

1. Basic facts

(a) The filing date and the application number of the trademark in this case (1) / the application number: B/ C (2): (3) the designated goods: the fact of heating for medical use of the category 10, the fact of heating for medical use of the category 10, and the applicant: the plaintiff;

(b) (1) Date of prior registered trademark (1)/registration date/ extinguishment date/trademark registration number: D/ E//Sgd. 2/ April 2, 2013: (3) Designated goods: Onnuri factors for medical use of Category 10: Onnuri factors for classification of goods; heat factors for category 11 of category 10; sugars; and portable circuit (4) Final trademark right holder: G;

C. (1) On August 2, 2011, the Intervenor joining the Defendant requested the Intellectual Property Tribunal to adjudicate on the cancellation of trademark registration on the ground that the pre-registered trademark constitutes Article 73(1)3 of the Trademark Act.

After examining the above request for the revocation trial by the Intellectual Property Tribunal as 201-1832, on February 8, 2013, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision accepting the above request for the revocation trial (hereinafter referred to as “instant adjudication on revocation of registration”).

(2) On March 28, 2013, G filed a lawsuit with the Patent Court against the Intervenor joining the Defendant seeking revocation of the instant decision on revocation of registration.

(2013Heo2637) Then, G submitted a written withdrawal of the lawsuit to the Patent Court on July 17, 2013, and the Defendant’s assistant intervenor submitted a written consent on the withdrawal of the lawsuit to the Patent Court on July 19, 2013.

Accordingly, the revocation of the registration of this case was decided as of April 2, 2013, when the period of filing a lawsuit against it was excessive.

(3) On the other hand, on July 11, 2013, the litigation for cancellation of the said trial decision was pending, the Plaintiff requested the Intellectual Property Tribunal to adjudicate on cancellation of the trademark registration on the ground that the pre-registered trademark constitutes Article 73(1)3 of the Trademark Act.

(2013 party 1835) G renounced the trademark right of the B-registered trademark, and the Plaintiff filed an application for trademark registration of the instant trademark on the same day.

(4) On December 12, 2013, the examiner of the Korean Intellectual Property Office applied for the trademark of this case to the Plaintiff on December 12, 2013 by a person, who is not the applicant for the pertinent revocation trial, during the period from the final and conclusive date of the decision on revocation of the registration of this case to