1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The filing date of the instant application trademark (No. 18) / the filing date of the application: B/C2: 3) Designated goods classified into product categories: biological insects, biological agents for the purpose of melting green tides, agricultural pesticides, microbiologicals, agricultural pesticides, biochemicals, biochemicals, non-urine nutritionals, biological sterilizations, biological agents, biobiologicals for cancer treatment, biological agents for cancer treatment, pharmaceutical products, harmful fluorcton removals, pharmaceutical products, harmful biological agents, medicine, veterinary or veterinary medicine, medical or veterinary biological agents, medical or veterinary biological agents, medical and veterinary medicine, medical and veterinary medicine, animal and veterinary medicine, microbiology for medical and veterinary medicine, biological agents, biological agents for the purpose of maintaining the balance between plant and plant for medical purposes, biological agents, biological agents removal of deadly prepared medicines, plaintiff 4).

(b) Registration number 1) / filing date / registration date / renewal registration date: Composition of trademark registration D/E/F/2 October 26, 2011: Designated goods (iii) designated goods classified into category 5: non-typology, non-typ agents, sterilization agents, insects, medical enzymes, zyme agents, soil disinfection agents, piracy remedy agents, chemical agents, and medicinal 4): G stock company;

C. On March 28, 2017, the examiner of the Korean Intellectual Property Office (1) filed an application for the registration of the Plaintiff’s applied trademark of this case on the ground that “the trademark of this case is similar to the prior registered trademark, and the designated goods of the applied trademark of this case are identical or similar to the designated goods of the prior registered trademark” (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies).

(2) On April 27, 2017, the Plaintiff rejected the registration of the instant trademark under Article 7(1)7, etc. (Evidence 20) (Evidence 20) and filed a petition with the Intellectual Property Trial and Appeal Board for a trial on rejection under Article 2016 won6051. The Intellectual Property Trial and Appeal Board on July 19, 2018.