1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) Composition of the Plaintiff’s registered service mark (Evidence 2) of this case / Date of the decision of registration / Date of registration / Registration / Number : B/C/D2 on February 13, 2014: Towing business, tourist transport business, rescue and transportation business, rental car reservation business, passenger transport business, transportation and reservation business, transportation and reservation business, transport information provision business, transport information provision business, transportation brokerage business, automobile transport business, automobile rental business, car rental business, car carriage business, freight forwarding business, transport information provision business, tourist guide business, travel guidance agency business, travel agency business, and tour agency business classified by category 3 designated service business;

B. The Defendant’s prior-use service marks are each of the following marks, and both the Defendant’s prior-use service marks are as follows: “In-line service using smartphones or PC, and diverse O2O (hereinafter “in-line service”) service related thereto.”

1) Prior-use service mark 1: Kax 2) Prior-Use Service mark 2: KRALK 3: Kakaox 4) Prior-Use Service mark 4: KAAOALK

C. On June 7, 2016, the Defendant filed a petition for a trial for invalidation of the registration of the instant registered service mark with the Intellectual Property Tribunal against the Plaintiff, who is the holder of the instant registered service mark, on the grounds that the instant registered service mark falls under Article 7(1)10, 11, or 12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) in relation to the prior used service mark and its registration should be invalidated. (2) The Korean Intellectual Property Tribunal deliberated on the instant registered service mark as the case of 2016Da1512, and thereafter on June 15, 2017, the registered service mark constitutes a prior used service mark that was widely recognized as indicating the service business of a specific person among domestic consumers as of the date of its registration, and is closely related to the service mark used as an economic relation with another person’s service business.