The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The purport of Article 7(1)12 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) is that a trademark recognized as indicating the goods of a specific person by domestic or foreign consumers (hereinafter referred to as “trademark subject to maternity”) is not to be registered in the Republic of Korea, and thus, is not to allow registration of a trademark used for the purpose of causing damage to the right holder of the trademark subject to imitated by taking advantage of the business credit, etc. embodied in the trademark subject to imitated, or by taking advantage of the trademark, such as impairing the value of the trademark subject to imitated or impeding the domestic business of the right holder of the trademark subject to imitated.

Therefore, if a registered trademark falls under this provision, the applicant of the registered trademark should be recognized as a trademark of a specific person among domestic or foreign users, and the applicant of the registered trademark uses the trademark identical or similar to the trademark subject to reproduction for unlawful purposes. (1) Whether the trademark subject to reproduction is recognized as a trademark of a specific person between domestic or foreign consumers should be determined based on the period of use, method, pattern and scope of use, etc. of the trademark, and whether the applicant of the registered trademark has objectively known to the extent of the transaction situation or social norms and objectively considerable extent. (2) In determining whether there is an unjust purpose, the extent of the recognition or creation of the trademark subject to reproduction, the same or similar degree of the registered trademark, the existence of negotiations surrounding the trademark, the contents of negotiations, other relationship between the applicant of the registered trademark and the right-holder of the trademark subject to