1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 출원상표 1) 출원일/ 출원번호 : 2012. 1. 11./ 제40-2012-2041호 2) 표장 : 3) 지정상품 : 상품류 구분 제11류의 가정용 전기식 튀김기(electric fryer for household purposes

B. On January 31, 2013, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the instant decision of refusal and trial on the ground that “the trademark applied for registration of this case constitutes a technical mark directly indicating the nature of the designated goods, such as the processing method and method of use, and any specific person can not be identified for the public interest, and thus, it cannot be identified as a trademark indicating the goods related to anyone’s business if it is used for the designated goods.” Although the Plaintiff submitted written opinions and written opinions on March 29, 2013 to general consumers or traders, the examiner of the Korean Intellectual Property Office rejected the instant decision of refusal as a whole on May 2, 2013, the Patent Tribunal rejected the Plaintiff’s decision of refusal on the ground that it falls under Article 6(1) 3 or 7 of the Trademark Act, which is a trademark indicating the goods of the general consumers, and thus, it constitutes a trademark indicating the origin of the designated goods of this case.” The Plaintiff’s trademark applicant’s general trademark right of refusal on the ground of the foregoing notice.