1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s registered trademark 1) filing date/registration date/registration number: The Defendant’s registered trademark 24 July 24, 2009 / On September 5, 2011 / The trademark registration No. 879274-2): The Defendant’s registered trademark 3: Electric bed by the category of goods 20.

B. On July 1, 2015, the Plaintiff’s trial decision of this case against the Defendant in the Intellectual Property Tribunal. The registered trademark of this case continues to have been used in Korea for the designated goods by a trademark right holder, an exclusive licensee, or a non-exclusive licensee for at least three years before the date a request for revocation is filed, and thus, the registered trademark of this case was not used in Korea. The same applies to the former Trademark Act (wholly amended by Act No. 14033, Feb. 2

(2) On April 26, 2017, the Korean Intellectual Property Trial and Appeal Board filed a petition for revocation of the registration with the assertion that the registration should be revoked pursuant to Article 73(1)3 (2) of the former Trademark Act (see, e.g., Supreme Court Decision 2015Da3743, Apr. 26, 2017).

[Evidence] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the grounds for revoking the trial decision by the plaintiff's assertion

A. Examining the content submitted by the Defendant as evidence of the use of the registered trademark of this case, since the time of sale is unclear or it constitutes the use of a trademark whose identity is not recognized as identical to the registered trademark of this case, it does not constitute “where the registered trademark has been used in Korea for not less than three consecutive years prior to the date of request for a trial” under Article 73(1)

B. The goods claimed by the Defendant to be supplied to the customer are identical to the designated goods of the instant registered trademark, which are the designated goods of the instant registered trademark, in terms of the common sense of the transaction society.