1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The trademark applied for the international registration of the applied trademark of this case is deemed to be “the applied trademark of this case” for convenience.

1) Filing date (date of international registration)/application number (international registration number): 3) Designated goods consisting of Bags, names, duffelbags, bags, backs, and livegages, and listed goods referred to in Chapter 25, classified into goods: The applicant: the Plaintiff; the Plaintiff.

나. 선등록상표 1) 출원일/ 등록일/ 등록번호 : 2011. 1. 27./ 2011. 12. 22./ 제895821호 2) 구성 : 3) 지정상품 : 상품류 구분 제25류의 머니벨트(의류), 가죽신, 가죽제 슬리퍼, 고무신, 고무장화덧신, 골프화, 구두창, 깔창, 나막신, 낚시용화(靴), 농구스니커즈, 농구화, 단화, 모자, 장갑, 방한복, 방한재킷, 양모제 모자, 어린이용 모자, 의류용 후드(두건), 종이 모자, 챙 달린 모자, 터번, 테 없는 모자, 톱 햇(Top hat), 방한용 마스크 등 4) 등록권리자 : 주식회사 신티에스

C. On July 16, 2013, the Plaintiff filed an application for the registration of the instant applied trademark with the international registration. On January 29, 2014, the Korean Intellectual Property Office examiner notified the Plaintiff of the grounds for rejection that “the instant applied trademark is contrary to the third party’s prior registered trademark, and thus, cannot be registered pursuant to Article 7(1)7 of the Trademark Act.” (ii) On March 31, 2014, the Korean Intellectual Property Office examiner submitted the Plaintiff’s amendment and written opinion, despite the submission of the Plaintiff’s written opinion, on July 6, 2014, on the ground that the instant applied trademark cannot be registered as it falls under Article 7(1)7 of the Trademark Act. Accordingly, the Plaintiff filed a petition for a trial on objection against the said decision with the Korean Intellectual Property Tribunal on July 30, 2014.

3. After that, the Korean Intellectual Property Tribunal shall examine the above case as the case of 2014 Won4816, and on March 27, 2015, the trademark applied in this case is the prior registered trademark.