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

(a) The registration number 1)/ the filing date/registration date of the instant registered trademark: 3) The designated goods classified into category 14 ( precious metal products), precious metals, Belgiums, precious metal products, gold plates, gold bars, Kexpine ( precious metal products), multi-monds, white gold products, white products, pents, bail, pent-type, pent-type, bail, pent-type, lock-type, lock-out, lock-up, lock-in, pent-type, lock-in, gold-in, precious metal products ( precious metal products, precious metal products and precious metal products), classified into category 14;

(b) Composition of the mark subject to confirmation: (1) Goods using the mark (2) : half paper; and

C. On August 9, 2019, the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial to confirm the scope of the right of the instant registered trademark by asserting that the challenged mark falls under the scope of the right of the instant registered trademark. (2) On November 20, 2019, the Intellectual Property Tribunal dismissed the Plaintiff’s petition for a trial on the ground that the challenged mark was used as part of a design for the purpose of ordinary consumers’ interest rather than the function as the origin indication of the goods, and it does not fall under the scope of the right of the instant registered trademark.

【Ground of recognition】 Each entry and video of evidence Nos. 1 through 3, and the purport of the pleading

2. The mark subject to confirmation of the gist of the plaintiff's assertion was used as a trademark in the counter-goods, and since the mark subject to confirmation and the goods used are similar to the mark of the trademark of this case and the designated goods, the defendant's use of the challenged mark for the goods using it belongs to the scope of the right of the trademark

3. Whether the challenged mark falls under the scope of rights of the registered trademark of this case.

A. The use of a mark identical or similar to another person’s registered trademark for goods identical or similar to the designated goods is an act infringing another person’s trademark right, but uses a mark identical or similar to another person’s registered trademark.