BKIP Limited


Requirement to establish trademark infringement Sep 2018
"Infringement of trademark rights" refers to the act of confusing the mark of origin by the use of a trademark identical or similar to my trademark by a third party other than the legitimate licensee.
However, in order to protect my rights, I must know in detail what kind of infringement is the case.
In the following cases, we would like to find out if the trademark is an 'infringement act'.
1. The existence of a valid trademark When trademark infringement becomes a problem, a registered trademark must exist. Although you have been using the mark before other party without registering the mark, it is not likely to be an infringement if there is no valid registration.
2. Must correspond to trademark use According to Article 2 (1) 11 of the Trademark Act, it defines the use of trademarks as follows.
11.The term "use of a trademark" means any of the following: (a) Displaying a trademark on goods or packages of goods; (b) Transferring or delivering goods or packages of goods on which a trademark is displayed, or exhibiting, exporting, or importing such goods for the purpose of transfer or delivery; (c) Displaying a trademark on advertisements for goods, price tags, transaction documents, or other means, and exhibiting or giving wide publicity to the trademark.
This is called trademark use, and you should have infringed the trademark rights as a compromise. Simply having a trademark can not be an act of infringement.
3. Must be used within the scope of trademark protection Trademark infringement by others should be used within the scope of trademark protection. In other words, any act that is outside the scope of protecting trademark rights is not considered to be an act of infringement. For example, if I have registered my trademark for a café business and cannot be assumed to be an infringement act if someone using the same mark for an electronic machine business exists.
4. The validity of the trademark right shall not be limited If the validity of trademark rights such as Article 90 and Article 160 of the Trademark Act is restricted, it is not regarded as an infringement even if there is an infringing act.
5. It should not be a case of abuse of rights 1) Where the exercise of a trademark right deviates from the original purpose or function of the trademark system 2) In cases where the reason for invalidation of the trademark right is obvious
We call this a trademark infringement when the above requirements are met.
The first thing I have to do, whether I am a trademark infringer or a victim of a trademark infringement, is to consider whether the act is really a trademark infringement.
Please review these requirements and protect your trademark right.