1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Plaintiff’s filing date and registration date/registration number 1) of the instant registered trademark (a evidence 2) / (a) of the instant registered trademark: the designated goods on August 17, 2011 / 9526362) : 3) : [Attachment]. (b) The Defendant filed a claim for revocation of registration of the instant registered trademark pursuant to Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”) with the Intellectual Property Tribunal on August 8, 2016.

(A) The Korean Intellectual Property Trial and Appeal Board (No. 5) held the defendant's above request for trial on June 26, 2017 and held the defendant's request for trial on June 26, 2017 as legitimate by interested parties under Article 73 (6) of the former Trademark Act, and cannot be viewed as an abuse of rights.

Furthermore, the evidence presented by the Plaintiff alone used the registered trademark of this case for filling the designated goods in Korea within three years before the date on which the Plaintiff filed a request for revocation trial.

or may not be recognized that there is a justifiable reason for failure to use, and there is no other evidence to acknowledge it.

Therefore, among the designated goods of the registered trademark of this case, the registration shall be revoked as it falls under Article 73 (1) 3 of the former Trademark Act.

The judgment of this case (A evidence No. 1) citing the defendant's above appeal was made on the grounds of the ruling.

2. Determination on the legitimacy of the instant trial decision

A. The plaintiff's assertion is based on the following reasons.