1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) Number 1)/ filing date of the application of the trademark in this case: B/ C2: Designated goods 3: Air conditioners for motor vehicles in Category 11 of the classification of goods, and air conditioners for motor vehicles in Category 12 of the classification of goods;

(b) the entry of the pre-registered trademark 2, which is not specific, shall be omitted because the ground for refusal 1 of the pre-registered trademark ceases to exist and not specific.

1) Registration number / filing date / registration date : 3) Composition of trademark registration D/ E/F 2: Personal portable air conditioners, air purification apparatus, air purification apparatus, air conditioners, air conditioners, air conditioners, air conditioners for household use, multi-use air conditioners, vehicle air conditioners, air conditioners for automobiles, air conditioners for automobiles, portable air condition 4) : Person entitled to registration: G

C. 1) On December 20, 2018, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the grounds for rejection that the trademark applied for trademark registration cannot be registered under Article 34(1)7 of the Trademark Act, since the trademark applied for trademark registration is similar to the pre-registered trademark and the mark and designated goods. On February 20, 2019, the Plaintiff submitted a written opinion on February 20, 2019. However, the examiner of the Korean Intellectual Property Office submitted the written decision to reject trademark registration on the ground that the said grounds for rejection was not resolved as a result of reexamination on April 16, 2019 (hereinafter “instant decision to reject trademark registration”).

(2) On May 17, 2019, the Plaintiff filed a request for a trial to revoke the instant decision of refusal (2019 won1643) and requested the postponement of the proceeding. On May 17, 2019, the Plaintiff filed a request for a trial to revoke the use of a motor vehicle and its parts or accessories, which are designated goods inconsistent with the designated goods of the instant trademark, among the designated goods of the registered trademark 2 of the instant case, for a trial to revoke the use of a motor vehicle (2019Da1517) and the decision to revoke the registration of the said designated goods became final and conclusive on October 18, 2019.

3) The Intellectual Property Trial and Appeal Board (2019won 1643) shall examine a request for revocation on January 17, 2020.