1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On March 7, 2016, the Defendant filed a petition with the Intellectual Property Tribunal for an affirmative confirmation of the scope of rights against the Plaintiff on the following grounds: (a) the Plaintiff’s mark subject to confirmation as indicated in paragraph (c) falls under the scope of the Defendant’s right of the instant registered trademark as indicated in paragraph (b) below; (b) on June 2, 2017, the Korean Intellectual Property Tribunal rendered a petition for an affirmative confirmation of the scope of rights; (c) on June 2, 2017, “The mark subject to confirmation is similar to the instant registered trademark, whose name is identical to the “DIVE” and the goods using the challenged mark are identical or similar to the designated goods of the instant registered trademark; and (d) the mark subject to confirmation is identical with or similar to the designated goods of the instant registered trademark; and (e) the mark subject to confirmation falls under the method of ordinarily using goods prescribed in Article 51(1)2 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016).

(b) The registration number/application date/registration date of the instant registered trademark: Designated goods consisting of trademark registration C/D/E: The designated goods are as shown in the attached sheet, such as pedal for bicycles, bicycle stand, bicycle burial, bicycle burial, bicycle labelling, bicycle labelling, etc. classified in Category 12.

A trademark right holder: Defendant

(c) The composition of a mark subject to verification: Products using a bicycle pedling, bicycle stand, bicycle laying, bicycle riding, bicycle labelling: The plaintiff's ground for recognition is not disputed, Gap's evidence 1, 2, and 3, and the purport of the whole pleadings;

2. Whether the trial decision of this case is unlawful

A. Of the Plaintiff’s assertion 1, the part regarding “DIVINE” among the instant registered trademark “DINE” is an English person with the meaning of “newness, good faith, and good character,” and thus, has no distinctive character as it indicates its nature in relation to bicycle peds, etc., which are designated goods.

Therefore, the registered trademark of this case is recognized as a whole or has strong distinctiveness as a lighting.