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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
(a) The registered trademark/service mark of the instant case (a)(2) (hereinafter “instant registered trademark”) / Date of application / Date of registration / Date of registration / Date of renewal / Registration : C/ D/O 12 March 12, 2015 / Trademark E (2): Designated goods/service : [Attachment].
(4) Final right holder: Plaintiffs
B. (1) On February 10, 2015, the defendant filed a petition with the Intellectual Property Tribunal for revocation trial against the plaintiffs on the following grounds: "The registered trademark of this case shall be revoked pursuant to Article 25 of the Trademark Act (amended by Act No. 14035, Feb. 29, 2016; hereinafter referred to as "the registered trademark of this case") by any of its trademark right holders, exclusive or non-exclusive licensee on the designated goods (service) by asserting that the registration of the trademark of this case shall not be used in the Republic of Korea continuously for three years or longer prior to the filing date of the request for revocation trial, on the grounds that "the trademark of this case shall be revoked pursuant to Article 25 of the Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter referred to as "the trademark of this case") by asserting that the registration of the trademark of this case shall be revoked pursuant to Article 25 (3) 4 of the Trademark Act (hereinafter referred to as "the Trademark of this case").
(2) On July 19, 2016, the Intellectual Property Tribunal rendered a trial ruling accepting the instant request for a trial (hereinafter “instant trial ruling”) on the ground that “the Defendant constitutes a legitimate interested party entitled to the instant request for a trial, and the Plaintiffs cannot be deemed to have properly used the instant registered trademark as designated goods subject to the revocation thereof within three years before the date of the request for a revocation trial, and the Plaintiffs cannot be deemed to have justifiable grounds for not using the registered trademark.”
[Reasons for Recognition] There is no dispute;