1. The decision made by the Intellectual Property Tribunal on June 10, 2020 on the case No. 2019 Won2157 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) Number B/C 2) / filing date of the application number 1 of the applied trademark 1 of this case: clothing of category 25, sports clothes, shoes, snmarks (tamps), Han uniforms, clothes, sheeps, physical straws, straws, scarfs, KONs, KONs, clothes with tampter technology of electronic equipment, hair belts, hair belts, clothing tampers, upper tamps, upper tamps, knicks (including locks, clothes, clothes, tampers, tamps, protective ear-micks (including clothings, clothes labels, clothes, tamps, protective clothings).

(b) Registration number 1) / Date of application / Date of registration : D/ E/F2) old designated goods: as shown in the attached Form 3: The person entitled to registration; (4) The person entitled to registration: G;

C. On January 4, 2019, the Korean Intellectual Property Office examiner notified the Plaintiff of the submission of the instant decision on the ground that “the instant trademark constitutes Article 34(1)7 of the Trademark Act because it is similar to the prior registered trademark, the mark, and the designated goods.” 2) The Plaintiff submitted the written opinion on March 4, 2019, but failed to resolve the said grounds for rejection on May 1, 2019.

3) Accordingly, on June 27, 2019, the Plaintiff filed an appeal against the aforementioned decision of refusal with the Intellectual Property Tribunal No. 2019 won2157. However, on the same ground as the above decision of refusal on June 10, 2020, the Intellectual Property Tribunal rendered the instant decision to dismiss the Plaintiff’s appeal on the ground that the trademark applied for trademark of this case falls under Article 34(1)7 of the Trademark Act and thus falls under Article 34(1)7 of the Trademark Act.

- The purport of the whole pleadings

2. On December 5, 2016, G, a trademark holder of the pre-registered trademark, is deemed dissolved pursuant to Article 520-2(1) of the Commercial Act. On December 5, 2019, Article 520-2(4) of the Commercial Act was deemed to have been terminated, and the pre-registered trademark ceased to exist on December 6, 2019.

At the time of the decision of this case, the pre-registered trademark had already been extinguished.