1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The Plaintiff’s registered service mark (No. 2 and 3 No. 1)/registration number/registration date: 3) designated service business: Functional health foods sales agent business consisting of processed grain of Category 35 classified as principal raw material, processing fruits sales agent business using functional health foods as principal raw material, processing meat sales agent business using processed meat and shellfish as principal raw material, functional health foods sales agent business using processing meat as principal raw material, processing meat sales agent business using functional health foods as principal raw material, sales agent business using processing meat as principal raw material, sales agent business using processing meat as principal raw material, functional health foods sales agent business using processing beer as principal raw material, sales agent business using processing beer as principal raw material, sales agent business of functional health foods as principal raw material, sales agent business using yeast spagn as principal raw material, sales agent business of functional health foods, collection agent business of spagn as principal raw material of functional health foods, sales agent business of spagngn as principal raw material of food, sales agent business of spagn.

(b) Defendant’s prior-use service mark 1: 2) Use service: Health functional foods, cosmetics and pharmaceutical retail 3: when F company 4) use time: (F company Paris and Internet web site) from 2001.

C. On October 16, 2017, the instant registered service mark by the Intellectual Property Trial and Appeal Board against the Plaintiff is similar to the registered service mark widely known as the mark of a specific person at home and abroad, and thus causing confusion between consumers and consumers as the Defendant’s service business.