The judgment below is reversed, and the case is remanded to the Patent Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Among the combined trademarks consisting of more than one letter or figure combinations, it is necessary to prepare and determine the similarity of trademarks with the essential part in order to induce the conclusion of appropriate overall observation where there is an essential part to independently perform the function of indicating the origin of the goods, namely, where there is an essential part.

However, if there is no essential part of the trademark, it should be judged whether the trademark is similar in comparison with the trademark as a whole in accordance with the principle of overall observation.

In addition, whether the part of a trademark is essential or not shall be determined based on the elements such as whether the part is well-known or highly raised among ordinary consumers, and whether the part constitutes a high weight in the entire trademark. However, the determination should be made by comprehensively taking into account the degree of relative distinctiveness compared to other parts, its combination and degree, the relationship with the designated goods, and the transaction circumstances.

(see, e.g., Supreme Court Decision 2015Hu1690, Feb. 9, 2017). 2. We examine in light of the aforementioned legal principles and records.

A. The trademark of this case is composed of “the trademark of this case” and the pre-registered trademark is composed of “the pre-registered trademark”.

The designated goods of the above two trademarks are ‘the category of clothing'.

B. It is difficult to view that the part “” in the prior registered trademark is recognizable to consumers in terms of the abbreviation of “Memorandum Of UNcying”, etc.

There is no particular concept of ‘' or ‘the portion’, which is the remainder, is not formed.

C. The part on “,” “,” “,” or “,” in the pre-registered trademark is neither distinguishable nor weak in relation to the designated goods, but is neither well-known nor weak for consumers.