1. The decision made by the Intellectual Property Tribunal on January 8, 2019 on the case No. 2017Da4051 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. On December 27, 2017, the Plaintiff asserted that “The registered trademark of this case as indicated in B (B) is not only applicable under Article 34(1)20 of the Trademark Act, but also falls under Articles 34(1)4, 7, 12, and 13, and 35(1) of the Trademark Act, which was filed by the Defendant with the knowledge of the existence of the registered trademark of this case.” On January 8, 2019, the Intellectual Property Tribunal filed a petition for a trial seeking invalidation of the registered trademark of this case against the Defendant, who is the owner of the registered trademark of this case, as the Intellectual Property Tribunal No. 2017Da4051, supra. 2) The Intellectual Property Tribunal rejected the Plaintiff’s application for a trial against a specific person or a person under Article 34(1)7, 205 and 35(1) of the Trademark Act on the ground that the designated goods differ from the designated goods indicated in B (3) below, and thus, do not fall under Article 34(1) of the Trademark Act.

(b) The registration number of the instant registered trademark / the filing date/registration date of the Defendant: The processed food delivery business of Category 39 of the classification of goods, the food delivery business of Category 39, the processed food delivery business by Lestoc, the processed food delivery business by online order, the urban delivery business by online order delivery business, the food delivery business, and the cooked food delivery business;

(c) First Used Trademark 1) The registration number / the filing date of the First Used Trademark 1 / the filing date of the earlier Used Trademark 1: Goods used (designated goods): The commencement date of use of the store business specialized in urban development under Chapter 43: The date of commencement of use of the store business under Chapter 43: Plaintiff 2) the registration number / the filing date of the First Used Trademark 2 / the filing date of the First Used Trademark 2: the service mark registration number I/J/K (designated goods): Goods used