1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 등록서비스표 1) 출원일/ 등록일/ 등록번호 : C/ D/ E 2) 구 성 : 3) 지정서비스업 : 서비스업류 구분 제43류의 레스토랑업, 뷔페식당업, 서양음식점업, 셀프서비스식당업, 스낵바업, 식당체인업, 음식조리대행업, 일본음식점업, 중국음식점업, 카페업, 카페테리아업, 패스트푸드식당업, 한식점업 4) 등록권리자 : 피고

(b) 1) Use service business of the challenged mark: Lestop business;

C. On March 5, 2015, the Defendant filed a petition for an affirmative trial to confirm the scope of rights by asserting that the registered service mark of this case falls under the scope of the right of the registered service mark of this case, since the term "Crazy Chey Chef" and the registered service mark of this case, which are the essential parts of the challenged mark, are identical with those of the challenged mark, and the mark is identical or similar to the designated service business of the challenged mark. Thus, the challenged mark falls under the scope of the right of the registered service mark of this case. 2) The Plaintiff asserted that the registered service mark of this case falls under the scope of the registered service mark of this case, and it is common name, common name, and consumer is not identified, and thus it is apparent that the registration will be invalidated because it falls under Article 6 (1) 1, 5, and 7 of the Trademark Act, and the Defendant does not use the registered service mark of this case as a mark to distinguish the registered service mark of this case.

3. On July 16, 2015, the Korean Intellectual Property Trial and Appeal Board reviewed the instant registered service mark as 2015Da708 and examined it on July 16, 2015, and did not fall under Article 6(1)1, 5, and 7 of the Trademark Act, and since the challenged mark and the instant registered service mark are identical or similar to those of service business, the challenged mark are subject to the scope of rights of the instant registered service mark.