1. The decision made by the Intellectual Property Tribunal on May 1, 2019 by the Intellectual Property Tribunal on the case No. 1081 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The Plaintiff’s registered service mark (a evidence 2) 1)/ the filing date/registration number: C/D/E2): Computer programming business, computer programming business, computer programming business, data processing program development business, and data processing program development business, which are classified by service business category 42;

B. On April 9, 2018, the Defendant did not use the registered service mark of this case for the designated service business for at least three consecutive years before the filing date of the request for a trial without justifiable grounds.

2) On May 1, 2019, the Korean Intellectual Property Trial and Appeal Board filed a petition for a trial seeking the cancellation of registration of the instant registered service mark on the ground that the instant registered service mark was used in Korea for three consecutive years or more before the filing date of a petition for trial, and on the ground that there is no legitimate ground for non-use, it constitutes a ground for cancellation of registration under Article 119(1)3 of the Trademark Act. The instant registered service mark constitutes a ground for cancellation of registration under Article 119(1)3 of the Trademark Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The purport of the Plaintiff’s assertion is that the registered service mark of this case was used for the designated service business in Korea by the Plaintiff, who is the holder of the service right, within three years before the date of the instant request for revocation, and thus, it does not fall under Article 119(1)3 of the Trademark Act, but is unlawful.

B. Article 119(1)3 of the Trademark Act provides that a trademark right, an exclusive licensee, or a non-exclusive licensee shall be registered without good cause.