1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 원고의 이 사건 출원상표 (1) 출원일/ 출원번호: B/ C (2) 구성: (3) 지정상품 : 상품류 구분 제5류의 영아용 식품(Food for infants), 영아용 분유, 의료용 식이요법음료, 의료용 식이요법식품, 영양보충제, 단백질 식이보충제, 분말형태의 영양보충드링크믹스, 식이보충용 음료수, 의료용 단백질 분말(protein powder for medical purposes). 상품류 구분 제29류의 우유분말, 우유, 유아용 우유, 크림(유제품), 버터, 치즈, 요구르트, 우유를 주성분으로 한 우유음료, 유장(乳奬), 건조된 유장(乳奬). 나.

1) Article 33(1)6 of the Trademark Act is applicable to the trademark of this case, since the trademark of this case, which was applied to the Plaintiff on May 21, 2018, constitutes a trademark with simple and common indication of its composition, and Article 33(1)6 of the Trademark Act is inconsistent with Article 38(1) of the Trademark Act, since the name of the designated goods is inaccurate or mistakenly stated in the classification of goods, and thus, the trademark cannot be registered.

The Plaintiff submitted an amendment and written opinion on August 21, 2018. However, the examiner of the Korean Intellectual Property Office removed the grounds for rejection under Article 38(1) of the Trademark Act on October 24, 2018. However, the trademark applied for trademark in this case is simply combined without any particular drawing, and its composition or arrangement cannot be deemed to have reached a level of special attention, or a new meaning or concept is formed only with a simple common mark, and thus, the ground for rejection under Article 33(1)6 of the Trademark Act was not resolved on the ground that the trademark applied for trademark in this case was not resolved.

3. On December 21, 2018, the Plaintiff filed a petition with the Intellectual Property Trial and Appeal Board for an appeal against the foregoing decision of refusal, and the Intellectual Property Trial and Appeal Board is the case 2018 Won5162.