1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The plaintiff's registered trademark (1) of this case / the filing date of the registration / the registration date / the registration number: C/D/ trademark registration E (2): The designated goods: the recorded tape (other than music) of the category of goods 9, the electronic publication which can be landed, the electronic book which can be landed, the electronic study which can be landed, and the place of electronic learning which can be landed; and

(b) The mark (1): the mark, , , , , , and (2) of the Plaintiff’s actually used trademarks: The learning place, etc.

C. (1) On July 12, 2016, the Defendant filed a request for a trial to revoke trademark registration (hereinafter “instant trial”) with the Intellectual Property Tribunal on the ground that “The instant registered trademark is not used in the Republic of Korea for three or more consecutive years prior to the filing date of the request for the trial to revoke all of the designated goods by either the trademark right holder, the exclusive licensee, or the non-exclusive licensee, without justifiable grounds, and thus, it falls under Article 73(1)3 of the Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).

(2) On January 23, 2018, the Korean Intellectual Property Trial and Appeal Board rendered the instant trial ruling citing the Defendant’s above request on the ground that “The instant request for a trial was lawful by an interested party and cannot be deemed to have abused the right to request a trial, and the instant registered trademark cannot be deemed to have been used in the Republic of Korea within three years before the date of the request for a trial, and it constitutes Article 73(1)3 of the former Trademark Act.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The instant trial decision, which judged differently from the Plaintiff’s assertion, should be revoked as unlawful.

① The Defendant abused the right to request a trial.