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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 of application/registration date/registration date/registration number of renewal/: B/ C/D/E 2: 3) Designated goods: The mother and child, Swater, Gaz, Gaz, Gaz, Gaz, Gaz, Gaz, B, Doz. of Category 45 classified for the goods: the Defendant;
B. On June 11, 2013, the Plaintiff filed a petition against the Defendant for a trial to revoke the trademark registration (2013Da1546) by asserting 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 years before the date of the petition for trial without justifiable grounds. (2) On March 26, 2014, the Intellectual Property Tribunal dismissed the Plaintiff’s petition on the ground that “the instant registered trademark was properly used in the Republic of Korea by F, a non-exclusive licensee within three years before the date of the instant petition for trial, and thus does not fall under Article 73(1)3 of the Trademark Act.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Whether the registered trademark of this case constitutes Article 73(1)3 of the Trademark Act
A. Article 73(1)3 of the Trademark Act provides that a trademark right holder, exclusive or non-exclusive licensee may not be exempted from the revocation of the registered trademark as to the designated goods related to a request for revocation, unless the respondent, who is a trademark right holder, proves that he/she has properly used the registered trademark in the Republic of Korea within three years before the date of request for revocation of the registered trademark on the designated goods without justifiable grounds, and Article 73(4) of the Trademark Act provides that the trademark right holder may not be exempted from the revocation of the registered trademark as to the designated goods related to a request for revocation, unless he/she proves that the respondent, within three years before the date of