KIPO

Protection of an owner of trademark rights

Effect on a trademark right

Once a trademark is registered, the trademark rights owner is entitled to exclusively use the registered trademark for the designated goods; seek injunctions against others using a trademark identical or similar to the registered trademark; and exercise claims of infringement injunction or a right of compensation for damages against others who infringe his/her trademark rights by using any trademark identical or similar to the registered trademark.

Infringement

Without the consent of the trademark rights owner, the following are considered to infringe upon trademark rights: (i) acts of using a trademark that is identical or similar to the registered trademark of another person on goods that are identical or similar to the designated goods; (ii) acts of delivering, selling, counterfeiting, possessing, or keeping a trademark right that is identical or similar to the registered trademark of another person in order to use or cause a third party to use the trademark on goods that are identical or similar to the designated goods.

Remedies for an infringement of a trademark right

The remedies for an infringement of a trademark right are as follows:

① Civil remedy: A claim of infringement injunction, a right of compensation for damages, provisional disposition, provisional seizure, recovery of reputation, etc.;

② Criminal remedy (irrelevant of complaint): Offense of infringement, confiscation, etc.;

③ Administrative remedy: Control of counterfeit goods, border measures by customs authorities, and settlement of intellectual property rights dispute, etc.

• Last updated 30 SEPTEMBER 2016
• Trademark Examination Policy Division