Korean Law in English
Laws › Trademark Act › CHAPTER VI PROTECTION OF TRADEMARK RIGHT HOLDERS

Trademark Act — Article 108 (Acts Deemed Infringement)

상표법 제108조

This English translation is based on the Korean text effective 2024-05-01. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) The following shall be deemed infringement of trademark rights (excluding the right to collective mark with geographical indication) or an exclusive license:

1. Using a trademark identical to a registered trademark of another person on goods similar to the designated goods, or using a trademark similar to the registered trademark of another person on goods identical or similar to the designated goods;

2. Delivering, selling, forging, imitating, or possessing a trademark identical or similar to a registered trademark of another person for the purpose of using or causing a third party to use such trademark on goods identical or similar to the designated goods;

3. Manufacturing, delivering, selling or possessing equipment for the purpose of forging or imitating a registered trademark of another person or causing a third party to forge or imitate such registered trademark;

4. Possessing goods identical or similar to the designated goods bearing a registered trademark of another person or any other similar trademark for the purpose of transferring or delivering such goods.

(2) The following shall be deemed infringement of the right to a collective mark with geographical indication:

1. Using a trademark (excluding a homonymous geographical indication; hereafter in this paragraph, the same shall apply) similar to a registered collective mark with geographical indication of another person on goods deemed identical to the designated goods;

2. Delivering, selling, forging, imitating or possessing a trademark identical or similar to the registered collective mark with geographical indication of another person for the purpose of using or causing a third party to use such trademark on goods deemed identical to the designated goods;

3. Manufacturing, delivering, selling or possessing equipment for the purpose of forging or imitating, or causing a third person to forge or imitate the registered collective mark with geographical indication of another person;

4. Possessing goods deemed identical to designated goods bearing a trademark identical or similar to the registered collective mark with geographical indication for the purpose of transferring or delivering such goods.

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Korean original (law.go.kr) · Get articles as JSON via API

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