1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 등록상표 (1) 출원일/등록일/등록번호 : 2002. 12. 16./2004. 4. 1./제579242호 (2) 구성 : (3) 지정상품 : 상품류 구분 제11류의 가습기, 두발건조기, 룸쿨러, 전기식 프라이팬, 샤워기, 비데, 주방용오븐렌지, 식기소독기, 공기살균기, 전기냉장쇼케이스 (4) 등록권리자 : 피고

(b) In the event that (1) the mark in actual use is composed of (1) the mark in actual use 1 (a): (2) the product that uses the mark in actual use : Defendant (2) the product that uses the mark in actual use 2 (a): (b) the product that manufactures and sells (c) the product that uses the mark in actual use 1 (b): Defendant 2.

(c) The product consisting of (1) covered trademarks 1 (A): (2) the product consisting of the product (2)-based trademark 2 (a): the product that is already used by the Plaintiff (2)-based trademark 2 (b): the product that is already used by the user of the product (3)-based trademark 3 (a): (b) the product that is already used by the Plaintiff (3)-based trademark 3 (b): the product that is already used by the user of the product, such as Hague and Hagueing, etc.: the Plaintiff;

D. (1) On July 28, 2011, the Plaintiff filed a claim for the revocation of registration (No. 2011Da18022) on the ground that the registered trademark of this case falls under Article 73(1)2 of the Trademark Act and the registration should be revoked.

(2) On January 24, 2013, the Intellectual Property Tribunal dismissed the Plaintiff’s appeal on the ground that the use of the mark in actual use 1 was used for the designated goods, which is identical to the instant registered trademark, and the use of the mark in actual use 2 constitutes legitimate use. However, the use of the mark in actual use 2, which is similar to the instant registered trademark, cannot be said to cause confusion among consumers as to the goods in the instant registered trademark, and thus, it does not fall under Article 73(1)2 of the Trademark Act.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 to 7, the whole pleadings.