1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 원고의 이 사건 등록상표(갑1호증) 1) 출원일/ 등록일/ 등록번호 : 2012. 5. 22./ 2013. 5. 13./ 제969021호 2) 구 성 : 3) 지정상품 : 상품류 구분 제30류의 간장, 고추장, 된장, 자장, 장(醬 류, 청국장, 춘장, 쌈장

B. On November 18, 2016, 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 had not been used in the Republic of Korea for not less than three consecutive years by either the trademark right holder, exclusive or non-exclusive licensee on the designated goods without justifiable grounds; and (c) thus, the registration thereof must be revoked pursuant to Article 119(1)3 of the Trademark Act.

2) On July 9, 2018, the Plaintiff failed to prove that the registered trademark of this case was properly used in the Republic of Korea within three years prior to the date of the request for revocation of the registered trademark of this case, and the registration of this case should be revoked by falling under Article 119(1)3 of the Trademark Act. The registered trademark of this case must be revoked on the grounds that the Defendant’s request for adjudication is based on the same reasoning.

2. Determination as to the illegality of the trial decision of this case

A. The gist of the Plaintiff’s assertion was that a registration invalidation trial was filed by the Defendant on March 28, 2016 with respect to the instant registered trademark, and the right was unstable as a result of various disputes between the Plaintiff and the Defendant. Accordingly, the Plaintiff failed to use the instant registered trademark.

Therefore, it is reasonable that the Plaintiff failed to use the registered trademark of this case within three years before November 18, 2016, which was the date of the petition for revocation trial.