1. The decision made by the Intellectual Property Tribunal on January 3, 2017 on the case No. 2016 won 203 shall be revoked.

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

1. Basic facts

가. 이 사건 국제등록출원상표(이하 ‘이 사건 출원상표‘라 한다) 국제등록번호/사후지정일: 제1212610호/ 2014. 8. 5. 구성: 지정상품 및 지정서비스업: 상품류 구분 제12류: Tires. 서비스업류 구분 35류: Advertising and marketing, arranging, conducting and organizing exhibitions and trade fairs for commercial, promotional or advertising purposes, business administration, business management, compilation and systemization of information into computer databases, database management, promotional, publicity and public relations services, compilation and provision of business or trade information, business statistical information services, promoting services of automobile dealerships, Ordering services for goods delivery, marketing agency services, dissemination of advertising matter for others via printed publications, radio, television and an on-line electronic communications network, window dressing, wholesale and retail services of tires for vehicle wheels, wholesale and retail of parts and accessories for motor vehicles; all included in this class; all aforesaid services not included in other classes. 나.

1) On June 11, 2015, the examiner of the Korean Intellectual Property Office notified the grounds for rejection on the ground that “the trademark applied for trademark of this case is merely a description of designated goods and the quality of service business, and thus cannot be identified as a trademark, and thus falls under Article 6(1)3 and 7 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) due to lack of distinctiveness.” The Plaintiff submitted a written opinion, etc. on July 29, 2015. However, the examiner of the Korean Intellectual Property Office submitted the written opinion, etc. on the ground that the said grounds for rejection was not resolved on December 17, 2015, the examiner of the Korean Intellectual Property Office decided to reject the instant trademark application of this case on the ground that the relevant grounds for rejection were not resolved. 2) The Plaintiff rendered the said decision to reject the said decision as the Korean Intellectual Property Trial and Appeal Board on January 15, 2016.