Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) The filing date and registration number of the Defendant’s registered trademark (Evidence No. 2) 1/: B/C/D2: 3) - Designated goods of Category 25, golfization, color hold, agricultural gratization, gratization, fire extinguishing, heating gratization, strawing, pressinging, singing, devouting, devouting, placel, sandbris, sandbst, sports paintings, slraws, straws, new shoes, new straws, new straws, straws, front straws, front straws, straws, front straws, straws, strings, strings or strings of clothing, strings, unfrating, unfrating, unfrating, unfrating, unfrating, unfrating, unfrating type of goods
B. On December 30, 2015, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial to revoke the registration of the instant registered trademark by asserting to the effect that the registration should be revoked pursuant to Article 73(4) and 73(1)3 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”). Since the instant registered trademark was not used in the Republic of Korea by any of the trademark right holders, exclusive or non-exclusive licensee for the designated goods indicated below (hereinafter “the Plaintiff’s registered trademark”), and even by any of the trademark rights holders, exclusive or non-exclusive licensee for the designated goods, the registered trademark is not used in the Republic of Korea for at least three consecutive years prior to the filing date of the revocation trial without justifiable grounds.