1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 6, 2015, the Plaintiff Company: (a) rendered the Intellectual Property Trial and Appeal Board No. 2015Da5185 against the Defendant on November 6, 2015; (b) the Defendant’s registered trademark/service mark in the instant case was not used in the Republic of Korea for at least three consecutive years before the filing date of a petition for trial by a trademark right holder, an exclusive licensee, or a non-exclusive licensee on the designated goods and designated service business; and (c) thus, the Defendant’s registered trademark/service mark in the instant case was not used in the Republic of Korea

(2) On November 23, 2016, the Intellectual Property Trial and Appeal Board rejected the Plaintiff Company’s appeal on the ground that “The instant registered trademark service mark was properly used by the non-exclusive licensee for restaurant chain business, etc. within three years before the date on which the Plaintiff Company’s registration was revoked, and thus does not fall under Article 73(1)3 of the former Trademark Act.”

(b) The Defendant’s registration number/application date/registration date of the instant registered service mark/service mark/registration date of the Defendant: Designated goods and designated service business - E: Food restaurant business classified into category 30 of goods, simple restaurant business, theater business, theater business, accelerator service restaurant business, food import business, food preparation and procurement business, food cooking agency business, tourist food and drink business, - F additional registration: the chickens, swine meat, meat processed meat, meat processed products, meat meat, meat meat, meat meat, food bets, food beer, food beer, food beer, spawn, food beer, spawn milk, food beer, spawn milk, spawn milk, spawn milk, spawn milk, spawn milk, spawn milk, spawn oil, spawn oil, spawn oil, edible oil, edible milk, spawn oil, spawnum, spawn, seed, seed, seed, e-processed, seed, dried, sh.