1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The filing date/registration date//registration number of the instant registered trademark: The composition of May 7, 2008/ May 7, 2008/Sgd. 2): The designated goods (attached Form 1/4): the owner of the trademark right (attached Form 1/4): the Plaintiff

B. On January 14, 2014, the Defendant did not use the registered trademark of this case against the Plaintiff in relation to the goods indicated in [Attachment 2] among trademark rights holders, exclusive and non-exclusive licenses in Korea for at least three consecutive years before the date of the request for a trial. Thus, the registration of the registered trademark of this case must be revoked pursuant to Article 73(1)3 of the Trademark Act.

2) As the Plaintiff did not prove that the registered trademark of this case was properly used in Korea within three years before the filing date of the request for a trial, the part of the registered trademark of this case on the designated goods of this case constitutes Article 73(1)3 of the Trademark Act and its registration should be revoked. The Patent Tribunal rendered the instant trial decision citing the Defendant’s request for a trial on April 21, 2015.

【Ground for recognition】 The fact that there is no dispute, Gap 1 and 2, the purport of the whole pleading

2. Summary of the parties’ assertion

A. The defendant handled the designated goods of this case mainly for the purpose of assisting in the franchise business related to the food service, and did not actually engage in wholesale and retail business, etc. of the designated goods of this case. Thus, unless there is no direct and realistic interest in the extinguishment of the registered trademark of this case, the defendant's request for revocation of the trademark of this case itself is illegal. 2) The plaintiff is the date of the appeal of this case.