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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The filing date and registration date/registration number of the instant registered trademark 1: On June 30, 2009, the designated goods consisting of No. 8349062, Sept. 2, 2010: 3): The designated goods indicated in attached Form 3. B. On December 2, 2013, the Defendant filed a claim against the Plaintiff on December 2, 2013 against the Intellectual Property Tribunal for the revocation trial on the following grounds: “The instant registered trademark is not used for golf rooms, golf pipes, golf-types, golf-types, golf-types, golf-types, golf-types, golf-types, golf-types, golf-types, golf-types, golf-raising, golf-types, golf-types, golf-types, sports instruments, gymnas, golf-styles, and so the registration of the trademark should be revoked under Article 13(1)7(3) of the Trademark Act for three or more years before the filing date of the revocation trial.”
2) After having examined the above request for a trial by the Intellectual Property Tribunal as 2013Da3169, the Korean Intellectual Property Trial and Appeal Board rendered the instant decision that cited the above request by the Defendant on December 2, 2014. [The fact that there is no dispute over the grounds for recognition, Gap's evidence Nos. 1 and 2, and the purport
2. The plaintiff asserts that, within three years prior to the date of the request for the revocation trial, the plaintiff sold the golf course locks by attaching the trademark "" to the case of the golf course within three years prior to the date of the request, the decision of this case, which concluded otherwise, is unlawful even though the registration of the designated goods of the registered trademark of this case is not revoked.
As to this, the defendant did not use the above trademark in Korea for more than three consecutive years before the date on which the plaintiff filed a request for the cancellation trial of this case, and even if the plaintiff used the above trademark, it is not the use of the trademark identical to the registered trademark of this case, and the registration of the goods for which the cancellation trial of this case was requested shall be revoked, and the decision of this case