1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2014, the Defendant asserted that the registration should be revoked pursuant to Article 73(1)3 of the Trademark Act since the registered trademark of this case (attached Form 2) was not used in the Republic of Korea for at least three consecutive years before the filing date of the request for the revocation trial on the designated goods among the designated goods (attached Form 2), and that the registration should be revoked pursuant to Article 73(1)3 of the Trademark Act. (2) The Intellectual Property Tribunal deliberated on the above request for the revocation trial as the number of 2014Da332, and rendered the instant trial ruling cited by the Defendant on February 22, 2016.

B. The Plaintiff’s filing date and registration date/registration number of the instant registered trademark (a evidence No. 1) 1: B/ C/ trademark registration D2): Designated goods: as indicated in attached Form 1 (attached Form 1). [The fact that there is no dispute over the grounds for recognition, each entry in the evidence No. 1 and No. 2, and the purport of the entire pleadings

2. Determination as to whether the instant trial decision is justifiable

A. The gist of the Plaintiff’s assertion is that the Plaintiff produced and distributed the Kabrogs with the trademark of this case via Company E, a representative director, and sold the goods, such as the Kabs with the trademark of this case.

Therefore, since the registered trademark of this case was used in the Republic of Korea within three years before the date of the request for the revocation trial of this case, the trial decision of this case which judged otherwise is unlawful, even if the registration of this case was not revoked on the goods for which the revocation of registration is requested.

B. Whether the registered trademark of this case falls under Article 73 (1) 3 of the Trademark Act (i) the use of a trademark under Article 2 (1) 7 of the Trademark Act is directly used for designated goods, such as displaying a trademark on goods or packages of goods (Article 2 (1) 7 (a) and (b)), and the act of displaying or distributing a trademark on goods advertisements, transaction documents, and signboards (Article 2 (1) 7).