1. The decision made by the Intellectual Property Tribunal on October 17, 2014 on the case shall be revoked.

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

1. Basic facts

A. 1) Date of application/registration date/registration number of the registered trademark of this case: The designated goods consisting of No. 673016 of May 24, 2004/ August 4, 2006: 3) Designated goods: The holder of trademark right: the Plaintiff

B. On April 30, 2013, the Defendant filed a petition for revocation of the registration of the instant registered trademark with the Intellectual Property Tribunal on the ground that “the instant registered trademark ought to be revoked pursuant to Article 73(1)3 of the Trademark Act because it had not been used in the Republic of Korea by any of the trademark rights holders, exclusive and non-exclusive licensee for at least three consecutive years before the date of the petition for a trial,” and that “the registration of the instant registered trademark ought to be revoked pursuant to Article 73(1)3 of the Trademark Act. 2) The Intellectual Property Tribunal deliberated on the instant petition for adjudication on October 17, 2014 on the ground that “the Plaintiff failed to prove that the instant registered trademark was properly used in the Republic of Korea within three years before the date of the petition for a trial,” and thus, the instant registered trademark should be revoked on the ground that it constitutes Article 73(1)3 of the Trademark Act.”

【Ground for recognition】 The fact that there is no dispute, Gap 1 and 2, the purport of the whole pleading

2. Summary of the parties' arguments

A. On July 2012, the Plaintiff applied for and registered the instant registered trademark, and around July 2012, the Plaintiff established a non-exclusive license for the instant registered trademark by having DIMD Co., Ltd. (hereinafter “DM”) take exclusive charge of manufacturing and selling raw water in the production method of original trademark attachment (OEM).

Accordingly, IMMD performed specific preparation work, such as advertising of raw water products, production of products containers, and labels, and in particular, around March 5, 2013, by producing and distributing printed materials for public relations, on which the instant registered trademark is indicated, the instant registered trademark is advertised within three years before the date of the instant request for a trial.