1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 출원상표서비스표 1) 구 성 : 2) 국제등록일(상표등록출원일)/ 국제등록번호 : 2013. 3. 14./ 제1161872호 3) 지정상품서비스업 가) 상품류 구분 제1류의 Reagents for scientific or medical research use, namely, enzymes, nucleic acids, nucleotides, proteins, antibodies, buffer solutions, biological reagent or biochemicals and conjugates used in molecular biological laboratories; and kits comprised of reagents for scientific or medical research use, namely, buffer solutions, biological reagent or biochemicals and conjugates used in molecular biological laboratories; and chemical reagents(other than for medical or veterinary purposes);, Unprocessed resins 밑줄 친 부분은 원래 국제출원서에는 “reagents used in biological or biochemical laboratory procedures, namely, chromatographic separation and purification”으로 되어 있었다가, 아래에서 보는 2014. 4. 10.자 원고의 의견서 및 보정서에 의하여 최종적으로 정정된 것이다.

B) The holder of a Mabory’s Rabory’s 42 classification of service categories: the Plaintiff

B. On March 14, 2013, the Plaintiff filed an international application under the Protocol on the Madrid Agreement Concerning International Registration of Marks with the U.S. Intellectual Property Office (hereinafter referred to as the “Protocol”), and registered by the International Bureau of the World Intellectual Property Organization (WIPO) on March 14, 2013, the Korean Intellectual Property Office, which was one of the designated countries, was undergoing the examination procedure of the application for trademark registration at the Korean Intellectual Property Office (Evidence 2). According to Article 86-14(1) of the Trademark Act, an international application registered under the Protocol and designated the Republic of Korea as the designated State shall be deemed an application for trademark registration under the Trademark Act, and according to Article 3(4) of the Protocol, the international application that designated the Republic of Korea as the designated State shall be deemed an international application for trademark registration under the Trademark Act.