1. The decision made by the Intellectual Property Tribunal on September 30, 2016 on the case No. 2015Da4931 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The registered trademark 1 of this case / Date of application / Date of registration / Date of registration / Date of decision of registration: 1092640/ May 29, 2014 / May 29, 2015 / February 26, 2015 : 3): The designated goods consisting of mobile telephone application software of category 9: the designated goods; the computer program, document management program, computer program, operation system program, computer game software, computer pumps 4): the defendant

(b) Composition of pre-use trademarks 1: Multi-use trademarks, DABNG, , and 2: mobile real estate app 3 prior users: The plaintiff;

C. (1) On October 16, 2015, the Plaintiff filed a petition for a trial to invalidate the trademark of this case against the Defendant on the ground that “(i) the registered trademark of this case is merely a trademark indicating the quality, efficacy, and method of use of designated goods in common use, and thus, has no distinctive character.” (ii) The registered trademark of this case is a trademark which imitates the pre-use trademark clearly recognized as the Plaintiff’s source indication, and the Defendant in competition with the same industry filed a malicious application to cause damage to the Plaintiff, not only was it recognized as the Plaintiff’s pre-use trademark in advance through business relations, etc., but also was filed against the good faith principle. Accordingly, the Plaintiff’s application for a trial to invalidate the registered trademark of this case is against Article 7(1)9, 11, 12, and 18 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 201; hereinafter the same). It is difficult for the Intellectual Property Tribunal to recognize the trademark of this case as the Plaintiff’s trademark of this case’s application date.