1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendants’ filing date/registration date/registration number of the instant registered service mark 1)/: C/D/ trademark registration E2): 3) Designated goods: The description of food cans, etc. (attached Form 1) classified into the category of goods. B. The Plaintiff filed a petition for revocation of registration with the Intellectual Property Tribunal on July 7, 2015 against the Defendants on the grounds that registration should be revoked pursuant to Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) on the goods indicated in [Attachment Form 2] among the designated goods (hereinafter “instant designated goods”) for at least three consecutive years before the filing date of a petition for a trial.

(2) On May 22, 2017, the Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that “The Plaintiff has a direct and realistic interest as to the existence of the instant registered trademark/service mark. The non-exclusive licensee of the instant registered service mark uses a trademark recognized as identical to the instant registered service mark within three years prior to the date of the instant request for revocation as to “slicks”, which is a good recognized as identical to food cans, among the designated goods, within three years prior to the date of the instant request for revocation, the instant registered service mark does not fall under Article 73(1)3 of the former Trademark Act.”

2. Summary of the plaintiff's assertion

A. The Defendants filed for a registration invalidation trial against the Plaintiff’s registered trademark (No. 837719) under 2015Da3492, and presented the instant registered trademark/service mark as one of the preregistered service marks, and the Plaintiff.