1. The decision made by the Intellectual Property Tribunal on June 27, 2014 on the case No. 2012Da3198 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. (1) Date of application/registration date/ trademark registration number: B/C/D (2): Designated goods under subparagraph (3) of the registered trademark of this case: as shown in the attached Form

(4) Trademark right holder: Defendant;

(b) Pre-use trademark (1) mark: (2) Goods used: A person who uses new shoes (sports goods, such as shoes, clothes, and sheep): The plaintiff;

C. (1) On December 18, 2012, the Plaintiff asserted that “The registered trademark of this case is identical with the pre-use trademark and marks known well as the trademark of a specific person among the U.S. or domestic consumers at the time of the registration decision, as well as the designated goods are identical or similar to the prior-use trademark and marks with respect to sports supplies, including the new invention, at the time of the application, and thus, it constitutes a trademark that is likely to deceive consumers under Article 7(1)11 of the Trademark Act or an imitate trademark under Article 7(1)12 of the Trademark Act.”

(2) After reviewing the above request for a trial as 2012Da3198, the Intellectual Property Tribunal dismissed the plaintiff's above request for a trial on June 27, 2014 on the ground that "the registered trademark of this case is identical or similar to the pre-use trademark, but there is no objective evidence to deem that the pre-use trademark was known to the United States or domestic users at the time of application or decision of registration of the registered trademark of this case to the extent that it would be recognizable as a trademark or goods of a specific person, and therefore, the registered trademark of this case does not fall under Article 7 (1) 11 and 12 of the Trademark Act."

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

2. The plaintiff's grounds for revoking the decision and the summary of the party's assertion

A. The plaintiff's grounds for revocation of the decision and the summary of the argument (1) The pre-use trademark of this case is not only applied for the registered trademark of this case but also between domestic consumers including the United States and Canada at the time of decision of registration