1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 이 사건 등록서비스표 (1) 등록번호/ 출원일/ 등록일 : 서비스표 C/ D/ E (2) 구성 : (3) 지정서비스업 : 서비스업류 구분 제43류의 간이식당업, 간이음식점업, 다방업, 레스토랑 및 호텔서비스업, 레스토랑 예약업, 레스토랑업, 서양음식점업, 스낵바업, 식당 및 음식물 조달 서비스업, 식음료 준비업, 음식준비업, 이동식레스토랑업, 제과점업, 커피숍업, 패스트푸드식당업, 한식점업, 주점업 (4) 권리자 : 피고

(b) Registration number (1) / filing date / registration date: service mark F/ G/H (2): (3) designated service business: service business classified by category 112; service business; service business; (4) final right holder: Limited Partnership I (the Plaintiff was the right holder; and on October 21, 2019, the right holder was transferred to the company at which he was the representative member);

C. (1) On November 29, 2018, the Plaintiff filed a petition for a trial to invalidate the registration of the service mark with the Intellectual Property Tribunal against the Defendant on the ground that the registered service mark of this case is similar to the registered service mark, and that there exists a ground for invalidation of registration under Article 34(1)7 of the Trademark Act.

(2) On January 29, 2020, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the ground that the registered service mark of this case is not similar to the registered service mark of prior registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. (1) The summary of the Plaintiff’s assertion (1) of the instant registered service mark is identical or similar to a prior registered service mark, and its appearance, name, and concept are identical or similar, and thus, is wholly amended by Act No. 14033, Feb. 29, 2016 (amended by Act No. 14033, Feb. 29, 2016).