1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

(a) The filing date and registration date of the instant registered trademark (Evidence A 1 and 3) / 1: C/D/E 2: 3) the designated goods: Toy block, plastic completes, syrings, syrings, syrings, syrings, paperings, metal completes, metal syrings, metal syrings, children’s three-wheeled cars, children’s model;

(b) Composition of a prior-use service mark (Ap. 8 through 56) (1): 2) Service business: Business operating play rooms using blocks for assembly completion equipment, early childhood education service business using blocks for assembly completion equipment, business operating recreation rooms, etc.;

C. 1) On July 6, 2017, the Plaintiff applied Article 7(1)12 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) to the Intellectual Property Trial and Appeal Board against the Defendant who is the owner of the instant registered trademark. Since the instant registered trademark is identical or similar to the prior used service mark recognized as indicating the Plaintiff’s service business among domestic consumers, the Plaintiff filed an application for interference with the Plaintiff’s domestic business after being registered and registered, the Intellectual Property Trial and Appeal Board of Korea applied Article 7(1)12 of the former Trademark Act (wholly amended by Act No. 8190, Jan. 3, 2007; hereinafter the same shall apply) to the instant registered trademark to the extent that it is difficult to recognize the Plaintiff’s prior used service mark as being identical with Article 7(1)12 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016).