1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s filing date and registration date/registration number 1) of the instant registered trademark (a evidence No. 1): C/D/E 2: the designated goods indicated in attached Form 3. B. The Defendant filed a petition for revocation of the registration of the instant registered trademark with the purport that the registration should be revoked pursuant to Article 119(1)1 or 3 of the Trademark Act, asserting that, on April 26, 2017, the instant registered trademark was used by the Intellectual Property Tribunal in addition to other technical terms or pictures by the trademark right holder, and that the instant registered trademark was used unlawfully in order to emphasize that it is a high-quality and functionality product by the trademark right holder, and any of the trademark rights holder, exclusive or non-exclusive licensee has not been used in Korea for three or more consecutive years before the date of the request for revocation without justifiable grounds.

2) The Intellectual Property Tribunal deliberated the above request for a trial on March 23, 2018, and used the registered trademark of this case for designated goods in Korea within three years before the date of the request for revocation trial.

Inasmuch as the registered trademark of this case was not proven that there was a legitimate reason for not being used, the registration of this case should be revoked as it falls under Article 119(1)3 of the Trademark Act without having to examine the remaining grounds for revocation further.

The judgment of this case citing the defendant's above appeal (A evidence 2) was made on the grounds of the judgment of this case.

2. Summary of the parties’ assertion

가. 원 고 이 사건 등록상표는 현재의 상표권자인 원고 및 종전 상표권자인 F이 다음과 같은 방법으로 이 사건 취소심판청구일인 2017. 4. 26. 전 3년 이내에 국내에서 그 지정상품 중 냄비, 찜통, 주전자, 압력솥, 찜솥 등에 사용한 사실이 있으므로, 상표법 제119조 제1항 제3호에 해당하지 않는데도, 이 사건...