IP Insight

A trademark is a symbol, character, figure, or a combination thereof that a producer, manufacturer, processor, or seller uses to label his/her goods and identify them from those of others. 

The trademark right is created by registration and establishment (Trademark Act Article 41). The trademark is protected for 10 years from the registration and establishment date, and can be renewed every 10 years (Article 42) upon application to renew the registration. 

The most important function of a trademark is to use a registered trademark for the designated product. In addition, as a property right, a trademark can be provided as collateral together with patents, and can also be transferred along with the sales of the designated product. 

As for the infringement of trademark rights, civil rights such as the right to seek an injunction requesting prohibition and prevention, the right to claim for damages, and the right to claim for the measures necessary to reinstate the reputation (Articles, 65, 57, and 69) are recognized. In addition, the party who infringes upon the trademark right may also be held accountable for criminal liability (Article 93). 

The purpose of protecting the registered trademark is to contribute to industrial development by maintaining the credit of the trademark user and to protect the interest of consumers.