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

(a) Date and number of the application for the trademark 1 of this case: The applicant for the designated goods of March 28, 2013 / No. 40-2013-19419 2): Other goods of Category 15, toys of Category 28, and other goods of Category 4: the Plaintiff

B. 1) On September 27, 2013, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) had the same or similar parts of the Plaintiff’s pending trademark registration (registration number No. 631212), the mark, and the designated goods, as the trademark of this case is identical or similar to that of the other party’s prior trademark registration (registration number No. 6312), and thus, constitutes Article 7(1)7 of the Trademark Act.

2) On October 10, 2014, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the presentation of the opinion to the effect that the Plaintiff’s submission of the opinion was made. However, on January 10, 2014, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the presentation of the opinion to the effect that the trademark applied for registration falls under Article 6(1)3 and 7 of the Trademark Act, and thus, it is impossible to obtain trademark registration by falling under Article 6(1)3 and 7 of the Trademark Act, inasmuch as the trademark consisting solely of a mark indicating the shape of the goods in a common way or the trademark indicating the goods related to a person’s business.

3) Then, despite the Plaintiff’s written opinion submitted on April 9, 2014, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of the applied trademark of this case on the ground that the trademark of this case was still unable to obtain trademark registration because the trademark of this case falls under Article 6(1)3 and 7 of the Trademark Act, and failed to resolve the grounds for rejection following the notification on the submission of opinions made on January 10, 2014, and the Plaintiff filed a petition for a trial against the above decision of refusal with the Korean Intellectual Property Tribunal on July 16, 2014. 4) Thereafter, the Korean Intellectual Property Tribunal deliberated the Plaintiff’s above request for a trial against the said decision of refusal with the Korean Intellectual Property Tribunal on July 16, 2014, and tried on September 23, 2015 as the Plaintiff’s designated goods.