1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) registered trademark 1) filing date/registration date//registration number: C/D/E 2: 3) Designated goods: The defendant; the right holder; the defendant; the defendant; the defendant; the right holder; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant

(b) At the stage of the adjudication on the prior registered trademark, the term “1 of the prior registered trademark” shall be applicable;

1) Date/registration date//registration number: F/ G/H 2: 3) Designated goods: Right holder of a astronomical research in Category 20 of Goods: Plaintiff

(c) constituted “preregistered trademark/service mark 2” at the stage of adjudication on the earlier application trademark;

1) Date/registration date/registration number: I/J/K 2: Designated goods in attached Form 3: A right holder: the plaintiff;

D. (1) On February 17, 2016, the Plaintiff: (a) against the Defendant on February 17, 2016, the registered trademark was wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies) in relation to the pre-registered trademark.

(2) On May 28, 2018, the Intellectual Property Tribunal rendered a decision not to accept the Plaintiff’s request for a trial on the invalidation of the registration of a trademark on the grounds that the trademark falls under Article 7(1)7 of the former Trademark Act and Article 8(1) of the former Trademark Act in relation to the trademark of an earlier application (2016Da404, May 28, 2018).

(hereinafter “instant adjudication decision”). 【The ground for recognition” has no dispute, Gap Nos. 1-4, and the purport of the entire pleadings.

2. Determination as to the propriety of the instant trial decision

A. The summary of the Plaintiff’s assertion 1) The mark of the registered trademark and the mark prior to the prior application of the registered trademark are mutually similar to the mark of the registered trademark, and the designated goods are also the same and similar to the designated goods. Therefore, the registered trademark falls under Articles 7(1)7 and 8(1) of the former Trademark Act. 2) The registered trademark is created or comes to be made as a “house” among the parts of the text to ordinary consumers by means of “house”.