1. The decision made by the Intellectual Property Tribunal on March 18, 2019 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The Plaintiff’s registered trademark 1) registration number/application date/registration date: Trademark registration C/D/E 2) Gu: Three designated goods: as shown in the attached Form.

(b) Marks of practical use;

C. On June 29, 2017, the Defendant filed a petition with the Intellectual Property Tribunal for a trial seeking revocation of the registration of the instant registered trademark (No. 2017DaDa2005) against the Plaintiff on the ground that “The instant registered trademark should be revoked because any of the trademark rights holders, exclusive or non-exclusive licensee has not been used in the Republic of Korea for at least three consecutive years before the filing date of the petition for trial on all the designated goods.” (2) On March 18, 2019, the Intellectual Property Tribunal rendered a trial ruling accepting the Defendant’s petition on the ground that “the registration of the instant registered trademark should be revoked, as the Plaintiff failed to prove that the registered trademark was properly used in the Republic of Korea within three years before the filing date of the petition for trial.”

[Reasons for Recognition] Presumption of Confession (Article 8 of the Administrative Litigation Act, Article 150 (3) and (1) of the Civil Procedure Act)

2. Whether the trial decision of this case is unlawful

A. Article 119(1)3 and (3) of the Trademark Act provides that, in order to correct harm that may arise by adopting a registration principle that allows registration of a trademark regardless of whether to use the trademark, and expand the opportunity for selecting another person’s trademark, trademark registration may be revoked by imposing an obligation on a trademark holder or a user to use the registered trademark on the designated goods and imposing a duty to use the registered trademark on the designated goods for a certain period of time if the trademark is not used.

In light of the purport of the trademark cancellation system due to the foregoing non-use, “use of a registered trademark” refers to the use of a trademark identical to the registered trademark, and does not include the use of a similar trademark, but the same trademark is “the same.”