(1) Where a trademark right holder, an exclusive licensee or a non-exclusive licensee uses his or her registered trademark, in which case his or her use of the registered trademark is in conflict with another person’s patent right, utility model right or design right for which the application was filed prior to the filing date of an application for such trademark registration or another person’s copyright created prior to the filing date of an application for such trademark registration depending on how the trademark is used, he or she shall not use the registered trademark on designated goods in conflict with the relevant rights of others without the consent of the patentee, the holder of the utility model right, the holder of design right, or the holder of the copyright, respectively.
(2) Where the use of the registered trademark constitutes an act of unfair competition under subparagraph 1 (m) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act, a trademark right holder, an exclusive licensee or a non-exclusive licensee shall not use the registered trademark without the consent of others under the aforesaid item. <Amended on Oct. 19, 2021; Dec. 7, 2021>