1. The decision made by the Intellectual Property Tribunal on July 17, 2019 on a case No. 2017Da4071 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

(a) The registration number of the instant registered trademark (Evidence A2 and 3) / the filing date of an application / the filing date of the trademark registration: The designated goods of Category C/D/E: The owner of the trademark right: the Plaintiff

B. On December 29, 2017, the Defendant asserted that “The registered trademark of this case is not used in the Republic of Korea for three consecutive years or more prior to the filing date of a request for cancellation of trademark registration without justifiable grounds, and thus, the registration must be revoked pursuant to Article 119(1)3 of the Trademark Act” against the Plaintiff as the Intellectual Property Tribunal No. 2017Da4071, Dec. 29, 2017.

(2) Article 119(1)3 of the Trademark Act and Article 73(1)3 of the former Trademark Act (amended by Act No. 111113, Dec. 2, 2011; hereinafter the same) provides that “The Intellectual Property Trial and Appeal Board on July 17, 2019” did not prove that the registered trademark of this case was properly used in the Republic of Korea within three years prior to the filing date of the instant request for revocation, and that the registered trademark of this case is subject to the filing date of the instant registered trademark. Thus, the instant request for revocation is subject to Article 73(1)3 of the former Trademark Act (amended by Act No. 11113, Dec. 2, 2011; hereinafter the same).

Therefore, the Korean Intellectual Property Tribunal’s determination by applying Article 119(1)3 of the Trademark Act to the instant case is erroneous. However, since Article 73(1)3 and (4) of the former Trademark Act and Article 119(1)3 and (3) of the current Trademark Act are substantially identical, such errors cannot be deemed to have affected the outcome of the trial decision.

(b) in accordance with the provisions of this subsection.