1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) The registration number / the filing date of the instant registered trademark / the registration date / the registration date: (3) the mark on September 14, 2011: the passenger ships, oars, motorboats, motorboats, sailing boats, boats, boats, boats (ship boats and boats), boats, boats, observation strings, boats for boats, wire ropes for ships, rafts for ships; (3) the log raft for ships; (4) the hulls, fishing boats, landing charters, water transportation machinery and appliances, yachts, yachts, knife, knife, knife, knife, etc., of Class 12 of the product classification;

(b) First Used Trademark (1) mark: A product using INTX ECUSION (2): A rubber boats, etc. (3): The plaintiff;

C. (1) On March 24, 2014, the Plaintiff filed a petition for a trial for invalidation of the registration of the instant registered trademark with the Intellectual Property Tribunal against the Defendant, stating that “The instant registered trademark falls under each subparagraph of Article 7(1)11 and 12 of the Trademark Act and thus its registration should be invalidated.”

(2) On June 23, 2015, the Korean Intellectual Property Tribunal dismissed the Plaintiff’s request for a trial on the grounds that “the prior-use trademark is not known to the domestic or foreign general consumers as a trademark of a specific person, and thus does not fall under both Article 7(1)11 and 12 of the Trademark Act as at the filing date of the instant registered trademark or the decision of registration.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is to invalidate the registration of the instant registered trademark on the following grounds.

Therefore, the decision of this case, which has different conclusions, should be revoked in an unlawful manner.

The registered trademark of this case under Article 7 (1) 12 of the Trademark Act is a trademark identical or similar to the pre-use trademark recognized as indicating the plaintiff's goods by the U.S. consumers as at the filing date, and used for unlawful purposes, such as the defendant's attempt to gain unjust profits or to inflict losses on the plaintiff.

(b) Trademark Act;