1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 등록상표 1) 상표등록번호/ 출원일/ 등록일: C/ D/ E 2) 구 성: 3 지정상품: 상품류 구분 제08류의 매니큐어 세트, 자수용 가위, 원예용 가위, 귀뚫는 기구, 머리손질용 비전기식 인두, 문신기구, 이발용 가위, 손톱가위, 손톱깎기, 턱수염깎는 가위, 비전기식 이발기, 모발제거용 족집게, 전기이발기, 전기식 손톱다듬줄, 가위, 칼, 전기식 혹은 비전기식 털뽑기 기구, 다기능 접이식 휴대용 수공구, 전기식 및 비전기식 면도기, 수동식 헤어컬기

(b) Goods used in the pre-use trademarks 1) the former sex: A user of the pre-use trademarks 1 (A) : Defendant 2) the former sex of pre-use trademarks 2 (A): A user: Defendant

C. The Defendant filed for a registration invalidation trial against the Plaintiff who is the trademark holder of the instant registered trademark with the Intellectual Property Tribunal (hereinafter “instant petition for a trial”). The Defendant asserted that “The instant registered trademark was a trademark applied and registered for unjust purposes to obtain unjust profits, such as taking advantage of the credit recognized as the Defendant’s source indication from domestic and foreign users in the cosmetic field, and thus falls under Article 7(1)12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) and filed for a registration invalidation trial against the instant registered trademark (hereinafter “instant petition for a trial”).

(2) After reviewing the above request for a trial, the Intellectual Property Trial and Appeal Board (hereinafter referred to as the “Patent Trial and Appeal Board”) deliberated on October 19, 2018, the registered trademark of this case is a mark similar to the pre-use trademark 2, which is recognized to indicate the goods of a specific person to domestic consumers at the time of application, and applied for and registered for unjust purposes, and thus, its registration should be invalidated by falling under Article 7(1)12 of the former Trademark Act.