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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) Application number B/C (1) of the pending service mark of this case: (3) designated service business: a business operating English private teaching institutes based on the type of education or entertainment under Category 41 of the service industry, the occupation of exhibitions for cultural and educational purposes, the book publishing business, the personal professor business (based on the CLT-C-C-Cropocentric Language Education Act-), the language education and training business (based on the CLT-C-C-Wropocentric Language Education Act-), the CLT (based on the CLT-oriented Language Education Act), the English language education and training business;
B. Although the registered service mark (1) registration number / filing date / registration date / extinguishment date of the registered service mark becomes extinct on the expiration of the G term, the registered service mark of this case, which is the filing date of the instant applied service mark, has not expired on the grounds that C, which is the filing date of the instant applied service mark, may be used as the subject of comparison in determining whether the registration of the instant applied service mark under Article 7(1)7 of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) is identical.
Trademark Service Mark D/ E/F/G (2) Marks: (3) / Designated service - Electronic books that can be landed, electronic newspapers that can be landed, recorded tapes (excluding those in which music is recorded), recorded tapes (excluding those in which music is recorded), recorded computer software, recorded computer programs that can be landed, - Class 16: Do tables, books, books, books, magazines, magazines, periodicals, posters, posters, learning sites, handbbbs, response - Chapter 41: Private professor, teaching, education testing, information provision, education guidance, communication lectures, education lecture, private teaching institutes, and English private teaching institutes management business (4): (Person entitled to registration).
C. (1) As to the Plaintiff’s pending service mark, the examiner of the Korean Intellectual Property Office (hereinafter “the instant pending service mark”) on January 5, 2017.