1. The decision made by the Intellectual Property Tribunal on April 14, 2017 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

(a) The Plaintiff’s registered trademark of this case (A evidence 1-2) 1/ The filing date / the registration number / B/C/D2: B/D2) previous designated goods: The designated goods are limited to those containing both 10 and 10 of the product classification for the purpose of medical treatment, divers for medical use, lives for medical treatment, and electric bed for medical use (a).

B. On July 20, 2015, the Defendant: (a) against the Plaintiff who is the trademark right holder of the instant registered trademark “” in the Intellectual Property Tribunal; (b) on the ground that the instant registered trademark had not been used in the Republic of Korea for at least three consecutive years before the date of filing a request for revocation on the designated goods without justifiable grounds even by either the trademark right holder, exclusive or non-exclusive licensee; and (c) on the grounds that the registration should be revoked pursuant to Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).

The Patent Trial and Appeal Board asserted to the purport that the registered trademark of this case was used in relation to the designated goods in Korea within three years before the date of the request for revocation. Accordingly, the registered trademark of this case falls under Article 73(1)3 of the former Trademark Act and its registration must be revoked on the grounds that the registered trademark of this case was used in relation to the designated goods by the Plaintiff and its non-exclusive licensee. The Patent Trial and Appeal Board deliberated on the above request for a trial by 2015Da4003, and on April 14, 2017, the evidence presented by the Plaintiff alone cannot specify the facts that the registered trademark of this case was used in relation to the designated goods.

2. Determination on the legitimacy of the instant trial decision

A. The purport of the Plaintiff’s assertion is that the instant registered trademark “” is contained in charcoal among the designated goods domestically within three years from July 20, 2015, the date of the instant request for revocation, by an agent who is a trademark right holder or a non-exclusive licensee.