1. The plaintiff's claim is dismissed.

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

1. Case summary

A. On February 16, 2015, the Plaintiff’s registration number B (the trademark right holder: the Defendant; hereinafter “instant registered trademark”) against the Defendant before the Intellectual Property Tribunal.

(2) On April 5, 2016, the Intellectual Property Tribunal rendered a decision to dismiss the Plaintiff’s request for a trial on invalidation of registration (hereinafter “instant trial decision”) under Article 7(1)9, 11, and 12 of the Trademark Act, on the ground that it constitutes grounds for invalidation of registration under Article 7(1)9, 11, and 12 of the Trademark Act.

나. 이 사건 등록상표 1) 출원일/ 등록일: C/ D 2) 구성: 3) 지정상품: 상품류 구분 제20류의 경대(鏡臺 , 벤치, 소파, 침대, 탁자, 화장대, 안락의자, 팔걸이의자, 비의료용 물침대

(C) The registration number / the filing date / the registration date of the pre-registered trademark 1(A) presented by the Plaintiff in the course of invalidation trial / The designated goods constituting No. 5323// March 23, 2001 : (c): Electric bedive equipment of Category 11, electric appliances for non-medical use, electricity rupture, electricity ruptures, electricity ruptures, ruptures, electricity ruptures, ruptures, electricity ruptures, ruptures, electricity ruptures, ruptures: 2A) registration number / the filing date / the registration date of the pre-used trademark 4: June 2/ 2000; (b) the registered goods of Category 20; (c) the registered trademark right holder of the instant case; (c) the registration number of the pre-used trademark 3/4 of the Plaintiff’s goods; (d) the date of application of Category 1;

D. The summary of the instant decision is that the registered trademark 1, 2, and 3 of the prior registered trademark and the prior used trademark of this case are not similar in appearance, name, and concept.