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Subject |
TM's Protection(1)-Infringement |
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| No |
9 |
Name |
IP_Park |
Date |
2003/10/31 16:03:48 |
Homepage |
http://www.ippark.com |
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Infringement and Remedies to Trademark Right
Under the Korean Law System, a registered trademark can be protected under the Trademark Act and the Customs Tax Act, and an unregistered "famous" mark can be protected under the Unfair Competition Prevention Act and Trade Secrets Protection Act ("UCP"). We will set forth below the infringement and remedies to a trademark right in Korea.
I. Infringement
1. Use of Trademark
Under the Korean Trademark Act ("KTA"), the trademark right is established from its registration date. The KTA states that “use of a trademark” means any of the following acts:
1) To apply a trademark to goods or their package;
2) To transfer or deliver goods to which, or the package of which, a trademark has been applied to display, export, or import goods to which or to the package of which a trademark has been applied with the intent to transfer or deliver the goods; or
3) To use a trademark in advertisements, price tags, transaction papers, signboards or labels, and to display or distribute such items.
2. Similarity
Similarity of the two marks will be determined on a case-by-case basis. In case of a letter mark, the court compares the two marks in their entireties in terms of appearance, utterance, and meaning. If the mark consists of two separable words, the court generally puts equal weight on each word unless it finds some reasons not to do so (for example, one word is descriptive and therefore not distinctive) and compares each word with the registered mark. In practice the court generally puts more weight on the utterance than other factors.
3. Infringement Acts
KTA stipulates that the infringement consists of an act of using a trademark which is identical with or similar to the registered trademark on goods which are identical with or similar to the designated goods of the trademark and the act of delivering, selling, counterfeiting, imitating or possessing such trademark with the intent to use it. |
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