1. The decision made by the Intellectual Property Tribunal on June 27, 2018 on the case No. 2017Da2387 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The Plaintiff’s registered trademark 1) filing date/registration date/registration number: C/D/E 2) old: Ginseng tea, melting tea, red tea, etc. classified as the category of goods;

B. On July 27, 2017, the Defendant filed a petition with the Intellectual Property Trial and Appeal Board for a trial seeking revocation of the trademark registration on the ground that the registered trademark of this case was not used in the Republic of Korea for at least three consecutive years prior to the filing date of the petition for a trial on the designated goods “Gink, Green, and Red (hereinafter “designated goods subject to revocation”)” among the designated goods. (2) On June 27, 2018, the Intellectual Property Trial and Appeal Board filed a petition for a trial seeking revocation of the trademark registration on the ground that it was not used in the Republic of Korea without justifiable reasons. (hereinafter “actually used trademark”).

) The Plaintiff rendered a trial decision revoking the registration of the instant registered trademark (hereinafter “instant trial decision”) on the ground that the difference in color and text parts are difficult to view that the instant registered trademark constitutes a trademark that can be seen the same in light of the general sense of the trade society, and otherwise, the Plaintiff did not prove the fact that the instant registered trademark was properly used on the designated goods subject to revocation, or that the Plaintiff did not prove any justifiable reason for not using the registered trademark.

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

2. Determination as to the propriety of the instant trial decision

A. The gist of the Plaintiff’s assertion sold red ginseng tea (ginseng ginseng) using a trademark used in actual use from around 2015 to around 2017, and the Plaintiff displayed and advertised the actual use trademark on red ginseng-related products, such as red ginseng tea, which the Plaintiff handles, at the time of drilling in 2015, 2016, 2016, household month, and drilling.

The trademarks in actual use are different from the registered trademark of this case and their colors and letters, but they are used in a form that can be seen the same as the registered service mark of this case in light of the social norms of trade society.

Therefore, this case.