1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The filing date of the Plaintiff’s trademark (Evidence A1)/international registration number: on September 15, 2014, No. 127145 (2) the former : 3) the designated goods of Category 5 classification of goods: non-exploitter cirs, non-urinary and pedurg draws, non-urinary draws, single diaper-puss incantine for the patients, single diapers, single diapers for the patients, single diapers for the patients, single diapers for the patients of gold patients, single diapers for the patients of dratium in dratium for the patients of dratium, single person drathos, single person dratium for the patients of gold patients, single person dratium for the patients of dratium, single person drathos, one person's person's person's person in pepsis.

(b) Already registered trademark (Evidence 6, No. 1), filing date of registration/registration number: A/B/C2). Former designated goods: D: D, the holder of registration, who is entitled to the protection of medical equipment protectioners, medical massages, oral covers for medical use, medical straws, medical straws, medical care straws, care straws, care straws, care straws, care straws, funeral 4):

C. On May 13, 2015, pursuant to the Madrid Protocol Concerning the International Registration of Marks, the examiner of the Korean Intellectual Property Office (hereinafter “Korean Intellectual Property Office”) may not obtain trademark registration pursuant to Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) with respect to the international application of the trademark of this case, which is an international application registered internationally on September 15, 2014 and whose Republic of Korea is the designated country. The trademark of this case is similar to the trademark of the first registered trademark, and its mark is similar to that of the first registered trademark.

The notice of the submission of the opinion to the effect that the Plaintiff submitted a written opinion (Evidence A2) on June 17, 2015. However, the examiner of the Korean Intellectual Property Office submitted a written opinion (Evidence A3) on October 5, 2015.