1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant incurred.

1. Basic facts

A. The registration number 1)/ the filing date/registration date/Renewal/Renewal registration date: Trademark registration date D/E/F/F/2 of December 6, 2010: the former designated goods type No. 30 of the product category: The Plaintiff was a trademark right holder, but the Intervenor transferred the entire right from the Plaintiff and completed the registration of transfer on March 4, 2020.

B. 1) On April 4, 2018, the Defendant filed a request for a trial to revoke trademark registration on the ground that the registration of the instant registered trademark should be revoked pursuant to Article 119(1)3 of the Trademark Act, since the trademark right holder, exclusive licensee, or non-exclusive licensee had not been used in the Republic of Korea for at least three consecutive years before the date of a request for revocation trial, among the trademark rights holders, exclusive or non-exclusive licensee, on which the registered trademark of this case was filed by either party, without justifiable grounds. 2) The Patent Tribunal cannot be deemed to have been properly used on the designated goods within three years before the date of a request for revocation trial. Article 119(1)3 of the Trademark Act (amended by Act No. 14033, Feb. 29, 2016; 3) of the Addenda to the Trademark Act (amended by Act No. 14031, Oct. 16, 2019; 3) is wholly amended by Act No. 14013, Feb. 13, 2016.

Therefore, the Korean Intellectual Property Tribunal’s determination by applying Article 119(1)3 of the current Trademark Act is erroneous, but it is substantially identical to the provisions of Article 73(1)3 of the former Trademark Act and Article 119(1)3 of the current Trademark Act.