1. The decision made by the Intellectual Property Tribunal on March 22, 2018 on a case No. 2016Da3191 is revoked.

2. The costs of lawsuit shall be.

1. Presumed factual basis

A. 1) Registration number/application date/registration date: Composition of trademark registration B/C/D2: The designated goods in attached Form 3: The trademark right holder is as indicated in the “designated goods of the instant registered trademark”: The plaintiff

B. On October 13, 2016, the Defendant filed a petition with the Intellectual Property Tribunal for a trial seeking revocation of the trademark registration, asserting that the registration should be revoked pursuant to Article 119(1)3 of the Trademark Act, since the trademark right holder, exclusive licensee, or non-exclusive licensee had not been used in Korea for the designated goods for at least three consecutive years prior to the filing date of the petition for trial. 2) The Intellectual Property Tribunal deliberated on the aforementioned petition for trial on March 22, 2018 on the ground that the evidence submitted by the Plaintiff alone cannot be deemed to have been properly used in Korea within three years prior to the filing date of the petition for trial, Article 119(1)3 of the Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016) provides that “The amended Trademark Act No. 3013, Mar. 13, 2016; and Article 2(1) of the Addenda of the Trademark Act (wholly amended by Act No. 14039, Feb. 1, 2016, 2013).

Therefore, the Korean Intellectual Property Tribunal’s determination by applying Article 119(1)3 of the current Trademark Act is erroneous, but since Article 73(1)3 of the former Trademark Act and Article 119(1)3 of the current Trademark Act are substantially identical, such error does not adversely affect the outcome of the trial decision.

Accordingly, the instant decision was rendered to revoke the trademark registration of the instant registered trademark.