1. The decision made by the Intellectual Property Tribunal on August 2, 2016 on the case No. 2015 won6718 shall be revoked.

2. The costs of lawsuit shall be.

1. Case summary

A. 1) The Plaintiff’s application number on November 12, 2014 is the service mark under No. 41-2014-46822 (hereinafter “instant applied service mark”).

(2) On October 13, 2015, the Korean Intellectual Property Office examiner rendered a decision of refusal on the ground that the pending service mark constitutes Article 7(1)7 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”).

3) On November 13, 2015, the Plaintiff filed an appeal with the Intellectual Property Tribunal seeking revocation of the foregoing decision of refusal (No. 2015 won6718). The Intellectual Property Tribunal dismissed the Plaintiff’s appeal on August 2, 2016 (hereinafter “instant trial ruling”).

(b) Composition of the pending service mark 1: 2 designated service business: Development of solar system in Category 42, classification of service business classification, and research business on solar system

(c) The registration number 1) / the filing date / the renewal registration date of the instant prior-registered service mark / the filing date of the application / the renewal registration date, which is presented as the ground for rejection by the examiner of the Korean Intellectual Property Office: (iii) the designated service business: personal security service business, security service business, security consultation business, security consultation business, mining machinery transport service business, mining machinery transport service business, personal search service business, fire fighting service business under Chapter 42 classified as the service business; (iv) service marks of the Korean Intellectual Property Office: NAF:

D. The substance of the instant pending service mark “” is divided into “SP”, “Solar”, “Eergy”, and “Plat”, and it is possible to separately observe the pending service mark in appearance.

However, “” has no distinctiveness with respect to the designated service business as the basis related to solar energy technology. As such, the essential part of the pending service mark in this case is “ESP”.

In addition, the title can be briefly named only with the essential part of the “ESP” in the 2nd place, i.e., 10 square meters in the term as the “SP platform.”

If so,