1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) Date of application/registration date//registration number of the instant registered trademark: On January 14, 2004, 19/ January 19, 2005 (No. 606263(2)): Designated goods: Computer software recorded in Category 09 on the classification of goods, recorded computer operation programs, recorded computer programs, computer programs, which may be landed (software, PDA).

B. On February 26, 2014, the Plaintiff claimed against the Defendant that “The registration of the instant registered trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act since it was not used in the Republic of Korea for at least three consecutive years prior to the filing date of the request for the revocation trial without any justifiable reason.” 2) The Intellectual Property Tribunal deliberated on the aforementioned request for the revocation trial as 2014Da501, and rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that the Defendant used the instant registered trademark prior to the filing date of the request for the revocation trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. Although the registered trademark of this case was not used in the Republic of Korea for not less than three years before the date the revocation trial of this case was requested without any justifiable reason, the decision of this case which judged otherwise is unlawful.

3. Whether Article 73(1)3 of the Trademark Act applies to the registered trademark of this case

A. Article 73(1)3 and (4) of the Trademark Act imposes an obligation on a trademark holder or a user to use a registered trademark for designated goods and does not use a trademark for a certain period of time in order to correct harm that may arise by adopting a registration principle that allows registration of a trademark regardless of whether to use the trademark, and expand the opportunity to choose another person's trademark.