1. The decision made by the Intellectual Property Tribunal on June 27, 2018 on the case No. 2017Da2386 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) previous designated goods: Free ginseng of Category 29 as classified in the category of goods, frozen and freezing, freezing mushrooms, preserved and processed red ginseng, preserved and processed red ginseng, and processed ginseng of Category 29;

B. (1) On July 27, 2017, the Defendant filed a petition with the Intellectual Property Trial and Appeal Board for a trial seeking the revocation of 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 before the filing date of the petition for trial on the designated goods. (2) On June 27, 2018, the Intellectual Property Trial and Appeal Board filed a petition for a trial seeking the revocation of trademark registration on the ground that the registered trademark of this case was not used without justifiable reasons in the Republic of Korea.

) The Plaintiff rendered a trial decision revoking the registration of the instant registered trademark (hereinafter “instant trial decision”) on the ground that it is difficult to view that the instant registered trademark and the instant registered trademark are trademarks that can be seen the same in light of the common sense of the trade society due to the difference in colors and the text portion, and otherwise, the Plaintiff did not prove the fact that the instant registered trademark was properly used on the designated goods or that there was no 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 was that the actual-use trademark was sold by indicating it on the product “Yyang Ginseng, Ppuri Ginseng (Seoul, Processed Ginseng, Processed Ginseng),” which is the designated product.

실사용상표에는 이 사건 등록상표뿐만 아니라, 원고의 상호인 ‘F’이나 ‘高麗蔘’과 같은 문자들이 포함되어 있기는 하나, 이 사건 등록상표는 문자 부분과는 구별되어 동일성과 독립성을 유지한 채 그대로 사용되고 있다고 보아야 한다.

Therefore, the registered trademark of this case is designated as the designated goods within three years before the date of the request for revocation of this case.