1. The decision made by the Intellectual Property Tribunal on July 30, 2019 on a case No. 2018Da3388 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) Date and date of application 1) / Registration / Registration number : C/D/ E 2: 3) Designated goods classified into the category of goods: Biouriers, physiological shockers, physiological tampers, gold-free tampers, gold-free shockers, occupational metal-free shockers, biochemical-free tampers, straw-free tampers, seed-free tampers, seed-free tampers, type-free tampers, type-free tampers, type-free tampers, physiological-free tampers, physiological-free tampers, adult container tampers, adult container tampers, water-free tampers, adult container tampers, water-free container tampers, children and infant container tampers, renal-free tampers, sanitary tampers, sanitary tamp 4): Defendant;

(b) Products made of prior-use trademarks 1) : 1) Composition of prior-use trademarks 1A: Sponsor c) Use Period: From January 24, 2012, to January 24, 2012: Plaintiff 2) Use 1: 2) Use 1: 1) Use 2) Use 2: 2) Use 1: From January 24, 2012: Plaintiff

C. On October 22, 2018, the Plaintiff filed a petition for a trial for invalidation of registration against the Defendant on the ground that the registered trademark falls under Article 34(1)12 and 13 of the Trademark Act in relation to the prior-use trademark (No. 2018Da3388). (2) On July 30, 2019, the Korean Intellectual Property Tribunal rejected the Plaintiff’s request for a trial on invalidation of registration of the registered trademark (hereinafter “instant trial decision”).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-5 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

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

A. The summary of the Plaintiff’s assertion is the trademark identical or similar to the prior-use trademark recognized by the U.S. consumers as indicating the Plaintiff’s goods, and thus, constitutes grounds for invalidation under Article 34(1)13 of the Trademark Act.