1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The filing date and the application number of the trademark 1 of this case: On May 12, 2015, organizing No. 40-2015-0034547 2): 3) Designated goods: edible eggs of Category 29 (hereinafter referred to as “designated goods of this case”).

4) Applicant: Plaintiff

B. 1) Date of application / Date of registration/registration number: / 1 August 31, 2013. / 201. 8. 20/ August 2014. 20/ 1054581(2)): 3) In applying for the first designated goods, other than “edible eggs” includes “processed chickens, chickens,” but at the same time, the remaining designated goods other than “edible eggs” were deleted as seen below (c)(2).

A trademark right holder: A 4 owner of a trademark right, such as the canned Afforestation of livestock products in Class 29, bottled cryp of livestock products, cryp of livestock products, cryp of cryp of cryp of cryp of cryp of cryp

C. On December 9, 2015, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of the applied trademark of this case on the ground that “the trademark of this case is similar to the prior registered trademark, the mark, and the designated goods, and thus cannot obtain trademark registration pursuant to Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply).” (2) The Plaintiff filed a petition with the Korean Intellectual Property Tribunal for a trial seeking revocation of the said decision of refusal as 2016 Won102, and subsequently corrected all the remaining designated goods except for edible eggs.

3. On May 23, 2017, the Intellectual Property Trial and Appeal Board may separately observe the pending trademark and the pre-registered trademark only with the “Pre-registered” and the “pre-registered one,” and if the essential part is separated or extracted and observed as such, the title, concept, and meaning arising from the part are similar. Thus, the marks are similar.

The column and lock Notice pertaining to the designated goods of the instant case are the designated goods of the prior registered trademark, and lock, “The production sector is the same, and it is likely to be traded through the same distribution channel.”