1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff filed a petition with the Intellectual Property Tribunal for a registration invalidation trial against the Defendant, and the registered service mark indicated in the following Paragraph B (hereinafter “instant registered service mark”).

The former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply)

(2) On July 5, 2017, the Intellectual Property Tribunal deliberated on the instant case as 2016Da125, and decided on July 5, 2017, the designated service business of the instant registered service mark was not identical or similar to the designated goods of the pre-registered trademark or the pre-registered service mark, and the Plaintiff’s pre-use mark cannot be deemed to have been recognized as a mark indicating the source of a specific person among domestic and foreign consumers at the time of filing the application for the instant registered service mark, and thus dismissed the Plaintiff’s request for a trial (hereinafter “instant trial decision”).

B. The registered service mark 1) registration number / the filing date/registration date: the service mark B/C/D2: the designated service business: the mobile phone wholesale business, the mobile phone retail business, the mobilephone retail business, the mobile phone retail business, the mobile phone sales agency business, the mobile phone sales agency business, the mobile phone online sales agency business, the mobile phone online sales agency business, and the mobile phone online sales agency business of this case: the defendant

(c) The registration number and prior registered service mark 1) / the filing date / the filing date / the renewal registration date: The designated goods of the trademark registration No. 703650/12, 12, 2005// 100 of March 12, 2007: (c) the holder of right to register the mobile phone content of Class 9 of the classification of goods: Plaintiff 2) the registration number / the filing date of the prior registered service mark / the filing date: the registration number of Plaintiff 2) the registration number / the filing date of the service mark registration No. 168192//2006: (b) the former digital terminal (PDA game content, etc.) portable digital device of Category 38 of the service business classification.