The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 2 and 3

A. The registration of trademark rights is a requirement for the establishment of trademark rights, but is not a requirement for existence.

Therefore, trademark rights were illegally extinguished.

Even if the trademark right has no effect on the validity of the trademark right, and the duration of the trademark right also runs as it is.

When a trademark right is illegally extinguished or registered, a trademark right holder may apply for its recovery in accordance with the procedure under Article 27 of the Decree on Registration of Patent, etc.

Such restoration registration is merely a registration that restores the registration improperly cancelled and holds the same effect as that of the first place without such cancellation, and thus, it cannot be deemed that it has an effect on the duration of the trademark right even if it was a restoration registration.

(see, e.g., Supreme Court Decisions 2000Du9229, Nov. 22, 2002; 2013Hu2309, Jan. 16, 2014). (B)

According to the reasoning of the lower judgment and the record, the following circumstances are revealed.

1) The Plaintiff’s trademark “” (trademark registration number D, hereinafter “”) is the extinguished trademark or trademark right of the case.

(B) The term of existence of a trademark registered upon first application is until February 29, 2012. The former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies) is the same.

According to Article 43(2), the time limit for filing an application for the renewal registration is six months after the duration of the trademark right expires. (2) E filed a petition for a trial on January 12, 2007 against the Defendant Intervenor, who is not the Plaintiff, who is not the trademark right holder, on the extinguishment of the trademark of this case.

The Korean Intellectual Property Tribunal (hereinafter referred to as the "Korean Intellectual Property Tribunal") rendered a trial decision revoking the registration of the above trademark (hereinafter referred to as the "trial decision") and the trial decision became final and conclusive, and the defendant registered the extinguishment of the trademark right of this case on November 20, 207.

3) E, a subsequent decision on the revocation of the instant case, is “J” (trademark registration number H; hereinafter “B”) 2 or trademark right 2.

2) The trademark registration number L and hereinafter referred to as “trademark 3.