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Commercial Act — Article 23 (Prohibition of Use of Trade Names Causing Misconception on Ownership of Business)

상법 제23조

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) No person shall, for any unfair purpose, use any trade name likely to induce others to believe that it represents the business of another person.

(2) Where a person has used a trade name in contravention of the provisions of paragraph (1), any person whose interest is likely to be harmed thereby or any person who has registered the trade name may demand cessation of such use. <Amended by Act No. 3724, Apr. 10, 1984>

(3) The provisions of paragraph (2) shall not affect any claim for damages. <Amended by Act No. 3724, Apr. 10, 1984>

(4) Any person who uses the registered trade name of another person in the same Special Metropolitan City, Metropolitan City, and Si/Gun, in respect of the same type of business shall be presumed to have done so for an unfair purpose. <Amended by Act No. 3724, Apr. 10, 1984; Act No. 4796, Dec. 22, 1994; Act No. 5053, Dec. 29, 1995>

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