Protection of Trademark Right

1) Regardless of whether or not they are registered under the Trademark Act, well-known or famous marks are protected by way of barring the registration of a mark which is identical with, or similar to, such marks. An application for the registration of such mark filed by a person other than the owner of the famous mark will be rejected; and, if the registration is erroneously granted, it will be subject to invalidation.

2) Even if goods and/or service concerning a trademark application are not identical with or similar to those of a well-known trademark, the application shall be refused due to the possibility of misleading the consumers about the origin of goods or services. Furthermore, an interested party may request a trial or invalidation of registration of such a trademark if it has been registered.

3) It is prescribed in the revised Trademark Act which became effective as of March 1, 1998 that the registration of a trademark shall be refused when the application is made for unfair purposes, such as the aim of free-riding on the reputation of the marks which are well-known in the Republic of Korea.

4) In addition to the Korean Trademark Law, the Unfair Competition Prevention Act also provide the protection of well-known trademarks. Any person who is, or is likely to be, injured by acts of unfair competition such as acts causing confusion with another person’s goods or business facilities by using an indication identical with or similar to another person’s name, tradename or marks, including well-known trademarks, may bring a civil action before the court seeking an injunctive relief, monetary damage and/or restoration of injured business reputation or goodwill. Furthermore, the Law also set forth criminal provisions.