1. The decision made by the Intellectual Property Tribunal on February 24, 2016 on a case No. 2015Da4266 is revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. Defendant’s registered trademark 1) filing date/registration date/registration date/registration number: B/ C/D2 on December 16, 2014: 3: cosmetics of Category III in the classification of goods, balptains, Handctains for cremation, Handcker products, cosmetics for cremation, balpers for cremation, ckins for cremation, straws, straws for cremation, cream, mebbbbbbk, meck for cremation, meck for cremation, meck for cremation, meck for cremation, meck for cremation, meck for cremation, meck and meck for cremation, bresh, yeck for cremation, human body cryr for cremation, and meck’s registered trademark (hereinafter “instant registered trademark”).

(B) Products using the Plaintiff’s challenged mark 1): Hegel Hegel (cosmetics)

C. On August 14, 2015, the Plaintiff filed a petition against the Defendant for a trial to confirm the scope of right (2015Da4266) by asserting that “the mark subject to confirmation is not similar to the registered trademark of this case, and it does not fall under Article 51(1)2 of the Trademark Act, and thus does not fall under the scope of the trademark of this case.” (2) On February 24, 2016, the Patent Tribunal dismissed the Plaintiff’s petition for the trial to confirm the scope of right (2015Da4266) on the grounds that “the mark subject to confirmation is identical to the registered trademark of this case and the trademark of this case and the designated goods (use goods) are identical, and it is difficult to view that the “GAOMDDD” portion of the challenged mark falls under Article 51(1)2 of the Trademark Act because it does not fall under the scope of the right of the registered trademark of this case.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Summary of the parties' arguments;

A. Of the composition of the instant registered trademark 1, the part “gold Dommon” indicates the raw materials or quality of the cosmetic, which is its designated goods.