The decision made by the Intellectual Property Tribunal on September 10, 2019 on the case No. 2018Da1596 shall be revoked.

The costs of lawsuit are assessed against the defendant.

1. Basic facts

(a) The registration number 1)/ the filing date of the application / the renewal registration date: Trademark registration C/D/E/E/S on August 16, 2011: Storage batteries, healthy areas, optical batteries, dry batteries, and solar batteries classified by the category of goods;

B. (1) On May 28, 2018, the Defendant filed a request for the revocation trial against the Plaintiff on the ground that the instant registered trademark was not used in the Republic of Korea with respect to “ stable batteries”, which is the designated goods, for at least three consecutive years before the filing date of the request for a trial without justifiable grounds. (2) The Intellectual Property Tribunal’s data submitted by the Plaintiff on September 10, 2019 cannot be deemed to have been properly used in the Republic of Korea within three years before the date of the request for revocation, and there is no other evidence to acknowledge otherwise, the instant registered trademark cannot be deemed to have been used within the Republic of Korea. Thus, Article 119(1)3 of the former Trademark Act (amended by Act No. 1113, Dec. 2, 2011; hereinafter the same shall apply) Article 73(1)3 of the former Trademark Act and Article 13(1)3 of the former Trademark Act (amended by Act No. 11913, Dec. 13, 20197).

The decision of this case which cited the defendant's request for the cancellation trial of this case was made on the ground that the registration should be revoked under the provisions of subparagraphs and paragraph (3).

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 through 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff used the instant registered trademark to F within three years prior to the filing date of the instant request for revocation. The Plaintiff exported the instant registered trademark to F by using the storage cell, which is the designated goods.