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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) 1) Date and date of application / registration / registration number : 3) Designated goods classified as Class 12 of the product category: Two passenger bicycles, bicycle for racing, bicycle for racing, bicycle for riding, bicycle for mountain riding, bicycle riding, bicycle riding, bicycle riding, bicycle internal tubes, bicycle wheeler for bicycle riding, wheels for bicycle riding, wheeler for bicycle riding, design time, bicycle marking, bicycle riding, straws, bicycle baggage carving, bicycle riding, bicycle riding stand, bicycle riding, bicycle riding, bicycle riding, bicycle riding room, bicycle locker, bicycle riding, storage device, bicycle riding room, bicycle riding, bicycle lock, bicycle riding, bicycle riding, bicycle riding, bicycle riding, bicycle riding, bicycle riding, press, bicycle riding, Handbath, bicycle riding, parts and accessories, and handbath (4) of the trademark right holder: the defendant;
B. On December 6, 2017, the Plaintiff filed a request for a trial to revoke trademark registration on the ground that the registration of the registered trademark has to be revoked pursuant to Article 119(1)3 of the Trademark Act (No. 2017Da3853) since the registered trademark was not used in the Republic of Korea for at least three consecutive years on the designated goods without good cause (see Supreme Court Decision 201Da3853, Apr. 9, 2019) with the Intellectual Property Tribunal on the ground that the registered trademark was properly used on the designated goods by the Defendant who is the trademark right holder within three years before the date of the request for a trial.
(hereinafter “instant adjudication decision”). 【The ground for recognition” has no dispute, entry in Gap evidence Nos. 1-3, and the purport of the whole pleadings.
2. Determination as to the illegality of the trial decision of this case
A. The summary of the party’s assertion 1) Defendant FF Co., Ltd. (hereinafter collectively referred to as “Defendant”) in the Defendant’s subsidiaries as the trademark right holder and non-exclusive licensee
(A) The Defendant is a product using the registered trademark on August 9, 2017, which is a product using the registered trademark, within three years prior to the date on which the revocation request is filed.