1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The Plaintiff’s registered trademark 1) filing date/registration date/registration number: The Plaintiff’s registered trademark 1) composition on August 13, 2014 / March 10, 2015 / No. 10931672) composition: The 3 designated goods: The electric power failure line classified by the category of goods, which is set forth in Chapter 7.

(b) Goods subject to verification 1: 2) Goods subject to verification : Electric electric wires;

C. On May 24, 2016, the Defendant indicated the Plaintiff who is the owner of the instant registered trademark to the Intellectual Property Tribunal, and the mark subject to confirmation, in a common way, is indicated in the nature of the goods used. Thus, it constitutes a trademark under Article 51(1)2 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) and thus, does not fall under the scope of the right of the instant registered trademark.

The Korean Intellectual Property Tribunal asserted to the purport that “CLEN-CUT” has the meaning of “CLN-CUT”, which is a product of the instant trademark subject to confirmation, and thus, the trademark subject to confirmation falls under a trademark that usually uses the quality, efficacy, etc. of the goods as defined in Article 51(1)2 of the former Trademark Act, and cannot be deemed as having acquired distinctiveness under Article 6(2) of the former Trademark Act. Accordingly, the mark subject to confirmation does not fall under the scope of the right without any need to comparison as to whether it is identical or similar to the instant registered trademark.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

(a) the summary of the Parties’ assertion 1) The challenged mark for the following reasons; or