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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration number 1)/ the filing date/registration date of the instant registered service mark: The (general trademark) designated service business consisting of No. 21101/101/28 August 28, 2009: (b) designated service business: as shown in the attached Table 3. B. The Defendant asserted that the instant registered service mark falls under Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Jun. 29, 2016; hereinafter the same) on February 6, 2015, the Plaintiff filed a petition against the Intellectual Property Tribunal for adjudication on the cancellation of registration of the instant registered service mark under Article 2015Da3811.
2) On May 12, 2016, the Korean Intellectual Property Tribunal rendered the instant trial ruling accepting the Defendant’s request on the ground that “the data submitted by the Plaintiff alone is not recognized to have been used for the designated service business in Korea for not less than three consecutive years prior to the date of the instant request for revocation.” [The purport of the entire pleadings and arguments is as follows: (a) the fact that there is no dispute over the grounds of recognition; (b) the entry of evidence No. 1, 3
2. Whether the trial decision of this case is unlawful
A. Article 73(1)3 of the former Trademark Act provides that a trial for revocation of trademark registration may be requested to the "where any of the trademark rights holders, exclusive or non-exclusive persons fails to use the registered trademark in the Republic of Korea for at least three consecutive years before the date a request for revocation is made on the designated goods without justifiable grounds," and the main sentence of Article 73(4) of the same Act provides that, where a trial for revocation is requested on the ground that it falls under the above provision, the respondent shall not be exempted from the revocation of trademark registration unless the respondent proves that he/she has properly used the registered trademark in the Republic of Korea within three years before the date of a request for revocation trial.
Meanwhile, Article 2 (1) 7 of the former Trademark Act provides that "use of a trademark" indicates a trademark on goods or packages of goods, or goods.