1. The Korean Intellectual Property Tribunal’s decision on October 31, 2013 (No. 2012Dang2760) is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. 1) Date of application/registration date/registration number of the instant registered trademark 1: (a) / July 29, 2008 / July 29, 2008 / 755236(2): Designated goods (Color trademark) 3: The holder of the right to register the Plaintiff (4) of the right to register the mobile telephone application software, computer application software for mobile telephone type No. 9, computer, Masp, optical disc, etc.

B. On October 19, 2012, the Defendant filed a petition for a trial seeking revocation of trademark registration with the Intellectual Property Tribunal against the Plaintiff on the ground that “The registered trademark of this case was not used in the Republic of Korea for each of the designated goods listed in the separate sheet (hereinafter “each of the designated goods of this case”) without justifiable cause for not less than three consecutive years before the date a request for revocation is filed, the registration must be revoked pursuant to Article 73(1)3 of the Trademark Act.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the Plaintiff, a trademark holder of the instant registered trademark, has used the instant registered trademark in Korea the computer applied software for mobile phones, computers, Maspboards, and optical disks within three years before the date of the instant request for a trial, and thus, the instant registered trademark shall not be revoked for each of the designated goods of this case.

Therefore, the trial decision of this case, which has different conclusions, should be revoked.

3. Article 73(1) of the Trademark Act