2. The costs of the lawsuit are assessed against the defendant.

A. The applicant of the Plaintiff’s applied trademark in this case and the claimant of this case, which had been a popch spring water (hereinafter “popch spring water”). However, on December 27, 2016, before the instant decision was rendered, the Plaintiff succeeded to all rights and obligations of popt spring water, as the Plaintiff organized and established a popt spring water, and the popt spring water was dissolved.

We do not distinguish before and after the change of the above organization, and both the poppy spring water and the Plaintiff are “Plaintiff”.

The filing date and the application number of the trademark of this case (Evidence A1 and 2)/ the trademark of this case: on June 24, 2014; on June 24, 2014; on June 24, 40-2014-42341(2) former : 3); on the designated goods of this case: mineral water taken from 32 Gasan of the category of goods; on the raw water (excluding medical treatment) taken from Gasan of the category of goods;

(ii)the number of mineral water taken from the vicinity of a mountain village or from the vicinity of a mountain village, except for the purpose of medical treatment;

A person shall be appointed.

(b) 1) The prior registered trademark of another person: (a) the filing date of the prior registered trademark 1 (No. 7, No. 1) / the registration date / the date of extinguishment of trademark rights (the date of confirmation of a trial decision of invalidation) / the registration number: on May 28, 2010; (b) the former designated goods on October 17, 2011 / June 13, 2017 / No. 885267 (b)); (c) the trademark right holder of the prior registered trademark 2 (No. 32) (No. 8, No. 2)/ the filing date of the prior registered trademark / the registration number / the registration date of the two (No. 2) the date of application of the prior registered trademark / the previous registered trademark : Category C goods (excluding category C medical treatment of April 13, 2011).

d) Trademark right holder: Macheon-cheon Corporation

C. (1) On September 3, 2014, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) had the same or similar mark as the other party’s prior registered trademark (No. 871236) and its designated goods, thereby falling under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”). The trademark of this case constitutes “ another party’s prior applied trademark” (No. 40-2013-85747) and its mark and mark.