1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The application date/application number of the Plaintiff’s trademark for additional registration of designated goods (a evidence No. 1; hereinafter “instant applied trademark”): former gender (No. 70-2014-5162) on September 19, 2014: according to reference materials submitted by the Defendant on March 14, 2017, the designated goods finally corrected by the Plaintiff’s amendment on July 31, 2015.

Category 18 of Goods: Batterys, Batterys, Batterys, Batterys and Batterys, Batterys and Batterys

(b) Date of the registered trademark (Evidence 4) 1 / The registration date / the renewal date / the registration number : June 5, 2000 / September 13, 201 /Sgd. 500 / September 14, 2010 : 3) the former designated goods: the holder of the right to registered precious metal products of category 14 and precious metal products of category 14 : the holder of the right to registered precious metal products of category 4): Switzerland-kidr twits

C. 1) As to the Plaintiff’s application for additional registration of the trademark “” in the instant application for trademark registration filed on February 17, 2015 by the examiner of the Korean Intellectual Property Office under Article 897862, the Plaintiff is not entitled to obtain trademark registration pursuant to Article 7(1)7 of the former Trademark Act (amended by Act No. 14003, Feb. 29, 2016; hereinafter “former Trademark Act”) since the trademark in the instant application is identical or similar to the registered trademark “,” etc. and the mark and designated goods are identical or similar to the registered trademark “,” etc.

Article 7(1)7 of the former Trademark Act on June 30, 2015 (No. 2-1 of the same Act) provides that “The Plaintiff submitted a written opinion and amendment on May 4, 2015.” However, the examiner of the Korean Intellectual Property Office, on June 30, 2015, made a decision to refuse the instant application trademark (No. 2-2 of the same Act) on the ground that the grounds that the grounds for rejection under Article 7(1)7 of the former Trademark Act on the applied trademark have not been annulled.

3) On July 31, 2015, the Plaintiff filed a petition with the Intellectual Property Tribunal for an appeal against the foregoing decision of refusal, and the Intellectual Property Tribunal has tried to do so in the case of KRW 2015 Won485 and on October 26, 2016, the trademark of this case and the prior registered trademark of this case are not similar to their appearance, but they are named.