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

가. 원고의 이 사건 출원상표 1) 출원일/ 출원번호: 2013. 11. 11./ 제40-2013-74583호 2) 구성: (일반상표) 3) 지정상품: 상품류 구분 제18류의 핸드백, 가방, 스포츠용 가방, 지갑, 작은 지갑, 숄더백, 명함지갑(명함케이스), 보스턴백, 여행가방, 핸드백프레임, 힙색, 휴대용 화장품가방(내용물이 없는 것

B. On November 11, 2013, the Plaintiff filed an application for the instant trademark registration. On November 12, 2014, the examiner of the Korean Intellectual Property Office rejected the Plaintiff’s application for the instant trademark registration pursuant to Article 23(1)1 of the Trademark Act, which constitutes “B” including “B” under the name of the well-known group, and thus, cannot be registered. (2) On January 12, 2015, the Plaintiff filed an application for an adjudication on the said decision of refusal pursuant to Article 23(1)1 of the Trademark Act. After examining the said request for adjudication with the Intellectual Property Tribunal No. 2015 won97, Sept. 22, 2015, the Korean Intellectual Property Tribunal rejected the Plaintiff’s request for adjudication on the instant trademark registration.

[Ground of recognition] Facts without dispute, Gap evidence No. 11-1 to 4, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that “TIARA” is used as a mark of a trademark or service mark in various industrial fields since before 2009, which was estimated to be a woman Alive group “A”, and the instant applied trademark is applied for and recognized as the original meaning of “TIARA” rather than the name of “A(B)” among general consumers, and thus, its registration is not denied as it does not fall under Article 7(1)6 of the Trademark Act. Thus, the instant decision otherwise determined is unlawful.

3. Whether the applied trademark of this case falls under Article 7(1)6 of the Trademark Act

(a) Article 7(1)6 of the Trademark Act provides that the name, title, or title of a famous other person.