1. The decision made by the Intellectual Property Tribunal on November 12, 2018 by the Intellectual Property Tribunal on a case No. 2017Da3540 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The Plaintiff’s registered trademark 1) filing date/registration date/registration number: C/D/E 2) old : Designated goods (attached Form 2); 4) non-exclusive licensee: F (hereinafter “F”)

B. On November 14, 2017, the Defendant did not use the registered trademark of this case for the designated goods indicated in [Attachment 1] among the designated goods in the Intellectual Property Tribunal for at least three consecutive years before the filing date of the request for a trial without justifiable grounds against the Plaintiff.

For the reason that the Act, the Intellectual Property Trial and Appeal Board filed a petition for a trial seeking the cancellation of trademark registration on the designated goods listed in [Attachment 1] among the designated goods. 2) On November 12, 2018, the Intellectual Property Trial and Appeal Board deliberated on the above case as 2017Da3540 and decided on November 12, 2018, the registered trademark of this case [Attachment 1] cannot be found to have been used in the Republic of Korea for at least three consecutive years by any person among the trademark right holders, exclusive or non-exclusive licensee, and it cannot find any justifiable reason for non-use. Thus, Article 119(1)3 of the Trademark Act is applicable to the grounds for cancellation of trademark registration. For the reason that the Trademark Trial and Appeal Board

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 24, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The gist of the Plaintiff’s assertion is that the registered trademark of this case was used in Korea within three years before the date of the instant request for revocation by F, and thus, it does not fall under Article 119(1)3 of the Trademark Act, but is unlawful since the instant decision was judged differently.

B. Article 119(1)3 of the Trademark Act provides that a trademark right holder, an exclusive licensee, or a non-exclusive licensee shall file a request for revocation trial on the designated goods without good cause.