1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The registration number 1)/ the filing date/registration date of the Defendant’s registered trademark 1) / the filing date of the instant application: The designated goods consisting of Category 03 cosmetics, emulpact for cremation, emulpact for cremation, emulpact for cremation exclusive use in water content, emulpact for cremation, emulpact for cremation in the unit of water, flupact for cremation in the unit of goods, emulpact for cremation in the unit of goods, diesel in the unit of 161498/2015 (No. 1161498/3, 25/2016):

(b) Composition of the challenged mark 1: Pink Frush user 2: Plaintiff 3) Goods used: the volume of 4) Goods used: Shall be used as a container, package, or online advertising means of a flash (in the night and frame forms):

C. 1) On March 16, 2018, the Defendant filed a claim against the Plaintiff for the confirmation of the scope of the right to the trademark of this case by asserting that “the mark subject to confirmation is identical or similar to the registered trademark of this case, and thus falls under the scope of the right of the registered trademark of this case.” 2) On June 29, 2018, the Intellectual Property Tribunal filed a claim against the Plaintiff for the confirmation of the scope of the right to the trademark of this case. (i) The marks used by the Plaintiff are used in addition to “Pink Fru,” which is the challenged mark, but the marks used by the Plaintiff are used in a series of characters and diagrams to the extent that each part cannot be separately observed, and each part has independent distinctive character. Accordingly, the Defendant appears to have independent distinctive character of the Plaintiff’s mark, and after deciding that “The Defendant’s claim for the confirmation of the right to the confirmation of the right to the trademark of this case is a legitimate claim.”