1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The international registration number/international registration date of the trademark 1 of this case: the former gender (Color trademark 3) of No. 110976/2012: the designated goods of No. 10976/2: the 10th category of goods: the Imosynnis, the 10th class of goods; the 10th class of the goods; the 10th class of the goods; the 10th class of the 10th class of the goods; the 10th class of the 10th class of the goods; the 1st class of the 10976/2012.

B. On April 3, 2013, the examiner of the Korean Intellectual Property Office rendered a decision of refusal on the ground that the trademark applied for registration of the Plaintiff constituted a simple and ordinary trademark consisting of a single doping color, and the trademark as a whole falls under Article 6(1)6 of the Trademark Act, and thus constitutes Article 6(1)7 of the Trademark Act as it cannot be seen as a trademark with a special distinction that can function as an indication of the source of other goods. Further, Article 6(1)7 of the Trademark Act cannot be seen as having been acquired as a distinctive character through the use under Article 6(2) of the Trademark Act. The Plaintiff filed an appeal with the Korean Intellectual Property Tribunal. (2) After examining the trademark with the Korean Intellectual Property Tribunal as 2013 Won3454, May 23, 2014, it constitutes a trademark consisting solely of a simple and ordinary simple mark consisting of doping color, and thus, the trademark falls under Article 6(1)6 of the Trademark Act and constitutes a trademark related to the Plaintiff’s business.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The gist of the grounds for revocation

A. The applied trademark of this case is a unique doping code produced in the U.S. doping to be frequently seen in the transactional world.