1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registered trademark 1) filing date/registration date/registration number: On December 16, 2005, 16/99132(2) of / on September 20, 2006: 3) Designated goods: The trademark right holder: the defendant

(b) Goods in actual use 1: 2) User 3): The plaintiff (the non-exclusive licensee).

C. On January 26, 2015, the Plaintiff filed a petition for trial against the Defendant for the revocation of the instant registered trademark with the Intellectual Property Trial and Appeal Board, stating that “The registration of the instant registered trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act, since any of the trademark rights holders, exclusive or non-exclusive licensee has not been used in the Republic of Korea for at least three years prior to the filing date of the instant petition for trial,” with the Intellectual Property Trial and Appeal Board (“Plaintiff”) on September 25, 2015, the Intellectual Property Trial and Appeal Board rejected the Plaintiff’s petition for trial on the ground that “the actual use trademark which the Plaintiff used for the government-designated product” was not considered to deviate from the scope of the instant registered trademark, taking into account trade norms and the average English education level of domestic consumers, and, on November 12, 2013, the Plaintiff’s petition for trial on the ground that the non-exclusive licensee was a legitimate non-exclusive licensee within three years prior to the date of the instant petition for trial.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including branch numbers if there are branch numbers; hereinafter the same) and images;