1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 등록상표 (1) 등록번호/ 출원일/ 등록일 : 상표 C/ D/ E (2) 구성 : (3) 지정상품 : 상품류 구분 제24류의 이불, 요, 이불커버, 베갯잇, 매트리스용 덮개, 매트리스용 시트, 침대커버, 침구, 침대시트(지정상품 중 가구용 직물제 커버, 가구용 플라스틱제 커버, 실내장식용품용 직물, 침낭, 침대덮개, 침대모포는 특허심판원 2018당3268 등록취소 사건의 확정심결로 취소되었다) (4) 권리자 : F이 등록하였다가 원고가 양도받아 2019. 5. 15. 이전등록을 마쳤다.

(5) Exclusive licensee: G was established and registered on January 9, 2015, but waived on April 3, 2017, and H completed the registration of establishment on April 11, 2017.

B. (1) On October 10, 2018, the Defendant filed a petition for trial to revoke registration under Article 73(1)3 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) by asserting that the instant registered trademark was not used in the Republic of Korea within three years prior to the date of the petition for trial against the Plaintiff.

(2) On November 28, 2019, the Intellectual Property Tribunal deliberated on the above request for a trial by 2018Da3270, and rendered a ruling citing the Defendant’s request in determining that “the registered trademark of this case is not recognized as being used in the Republic of Korea within three years.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserted that he used the registered trademark of this case and presented the following evidence.

(2) The non-exclusive licensee, a non-exclusive licensee, at the time of selling the goods referred to in subparagraph 10 (Evidence 11) (3) the J purchased the press from H on July 19, 2018, that it purchased the press from H on the press.