1. The decision made by the Intellectual Property Tribunal on February 22, 2017 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The Plaintiff’s registered trademark (a evidence 1) 1)/ the filing date / the registration date / the renewal date/registration number: on April 19, 2002 / July 7, 2003 / May 2, 2013 / 530972) old : 3 designated goods: Pourts, Southern Shirts, Twiters, strings, straws, lockers, lockers, locker for sports, carvings, waterproof clothes, golfings, pactlings, hats, and leathers.

B. On August 24, 2015, the Defendant: (a) against the Plaintiff who is a trademark right holder of the instant registered trademark “” in the Intellectual Property Tribunal; and (b) the instant registered trademark was not used in the Republic of Korea for not less than three consecutive years prior to the date of filing a request for revocation on the designated goods by either the trademark right holder, exclusive or non-exclusive licensee, without justifiable grounds; and (c) thus, the registration thereof shall be revoked pursuant to Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).

The Patent Tribunal asserted to the purport that the registered trademark of this case was used as one of the designated goods in the Republic of Korea within three years before the date on which the Plaintiff filed a request for revocation of the registered trademark of this case, and filed a request for a trial to revoke the registration of this case. (2) The Intellectual Property Tribunal deliberated on the above request for a trial, and on February 22, 2017, the evidence submitted by the Plaintiff alone cannot be recognized that the Plaintiff or non-exclusive licensee, who is the trademark right holder of the registered trademark of this case, used the registered trademark of this case as one of the designated goods in the Republic of Korea within three years before the date of the request for revocation of the registered trademark of this case. The Plaintiff failed to prove that there was any justifiable reason for not using the registered trademark of this case within three years before the date of the request for revocation of the registered trademark of this case. Accordingly, the registered trademark of this case falls under Article 73 (

2. Determination on the legitimacy of the instant trial decision

A. The gist of the Plaintiff’s assertion.