1. The decision made by the Intellectual Property Tribunal on December 1, 2017 on a case No. 2017Da3042 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) Registration number 1) of the instant registered trademark (certificate No. 4) / Date of application / Date of registration: Composition of trademark B/C/D2: Designated goods: as shown in the attached Form 3: A trademark right holder: the Plaintiff;

B. On September 25, 2017, the Defendant filed a petition with the Intellectual Property Trial and Appeal Board for revocation of the trademark registration against the Plaintiff on the ground that “The instant registered trademark was not used in the Republic of Korea for at least three consecutive years prior to the filing date of the petition for a trial, so the registration must be revoked.” (ii) The Intellectual Property Trial and Appeal Board did not submit any response to the Defendant’s above request for a trial, and on December 1, 2017, on the ground that “the Plaintiff did not prove that there was justifiable reason for having used the instant registered trademark in the Republic of Korea within three years prior to the filing date of the said request for a trial.”

[Grounds for recognition] The descriptions of evidence Nos. 4 and 5, and the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. Since 2007, the Plaintiff asserted that the Plaintiff used the instant registered trademark for designated goods in Korea within three years prior to the filing date of the said request for a trial, such as developing and commercialized cosmetics to be used as a kind of dynasium and synasium, and conducting business activities as a brand related to specialized dynasium.

Nevertheless, the trial decision of this case, which is judged differently, should be revoked as it is illegal.

B. Determination 1. Article 119(1)3 of the Trademark Act provides that a trademark registration may be revoked by a trial on the designated goods “where any of the trademark rights holders, exclusive or non-exclusive licensee fails to use the registered trademark in Korea for at least three consecutive years prior to the date a request for revocation is filed without justifiable grounds.”