1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Trademark 1) Date of application/registration decision date/registration date/registration date/registration date/registration number: B//D2 on June 11, 2008: 3) Designated goods: The holder of the right is as shown in the attached Form, such as “health-related food extracted and processed from local alcohol ingredients of sugar giving and receiving,” under Category 29, classified into goods: Defendant.

B. On October 8, 2015, the Plaintiff filed a petition for registration invalidation trial against the Defendant on the ground that the instant registered trademark falls under Article 6(1)3 of the Trademark Act and its registration should be invalidated on the grounds that “health assistance foods extracted from and processed with local alcohol ingredients of sugar” among the designated goods classified under Article 6(1)3 of the Trademark Act. 2) After examining the instant registered trademark as the heading 2015Da4847, Jan. 5, 2016, the Patent Tribunal dismissed the instant petition for registration invalidation trial on the ground that the instant registered trademark does not fall under Article 6(1)3 of the Trademark Act, on the grounds that it does not fall under Article 6(1)3 of the Trademark Act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The summary of the grounds for revoking the decision of the Plaintiff’s assertion is that the registered trademark of this case is a technical mark for the following reasons, and its registration should be invalidated as it falls under Article 6(1)3 of the Trademark Act. The decision of this case with different conclusions should be revoked as it is unlawful.

① From among the designated goods of the instant registered trademark, “marbling which displays the core figures and core booms,” the use of “health-supporting foods,” which extracted local alcohol ingredients of sugar giving and receiving, and processed by extracting and processing local alcohol ingredients, is reduced.”

② Of the composition of the instant registered trademark, “L” and “HL” parts are blood.