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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Date and number of application: 3) Designated service business: Alcoholic beverage wholesale business, retail business, alcoholic beverage sales brokerage business, alcoholic beverage sales agency business, alcoholic beverage purchase agency business, via the Internet, alcoholic beverage retail business through the Internet, alcoholic beverage sales brokerage business via the Internet, alcoholic beverage sales agency business via the Internet, alcoholic beverage purchase agency business via the Internet, alcoholic beverage sales agency business via the Internet, alcoholic beverage purchase agency business via the Internet, and alcoholic beverage brokerage business via the Internet (hereinafter “each designated service of this case”).
A person shall be appointed.
(b) 1) Filing date and registration date/registration number of the Prior Registered Trademark 1(A)/(E/FB: (c) designated goods: The filing date of Clim Catur 2(A) of Category 3 of the Products classified as the designated goods : (c) the filing date/registration date/registration number: G/H/I(B): 3) the Prior Registered Trademark 3(3) of Category 33 classified as the Products: the filing date of registration/ the registration date/ the renewal date/registration number of the registration number: J/K/D/D/ L/D) : the former P/D 33 classification as the designated goods;
C. On May 27, 2015, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of the pending service mark on the ground that “the instant pending service mark is identical to the name of the essential part in comparison with the pre-registered trademark, and thus its marks are similar. In addition, the Patent Tribunal requested the revocation of the instant pending service mark under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) on the ground that “the pending service mark falls under subparagraph 7 of Article 7(1) of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same)” and “The Patent Tribunal requested the revocation of the said decision of refusal under Article 2015 won4781 of the Patent Tribunal,” and “the pending service mark on December 22, 2016,” and “the pending service mark is registered.”