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Legal Intellectual

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Q

I am curious about how to prevent trademark infringement.

Legal IntellectualViews753

I am preparing an AI-based content platform and intend to use my own brand name and logo. When searching domestic trademarks, I see some trademarks with similar names or designs, and since the service fields also overlap somewhat, I am concerned that it may constitute trademark infringement. In this case, I am curious about whether it could actually constitute infringement, as well as the legal liability and how to prevent it in advance.

trademark infringement

A

Answer to Related Inquiry

Trademark infringement is not established merely on the ground that the names are 'the same'.

However, using a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods constitutes an 'act of infringement' under the Trademark Act.

In particular, Article 108, Paragraph 1, Item 1 of the Trademark Act clearly defines as infringement the act of 'using a trademark identical to another person's registered trademark on goods similar to the designated goods, or using a similar trademark on identical or similar goods'.

In addition, the act of counterfeiting the trademark or delivering, selling, or possessing it is also regarded as infringement.

Such conduct may, under Article 230 of the Trademark Act, be subject to imprisonment for up to seven years or a fine not exceeding 100 million won, so particular care is needed.

As in your situation, in the case of an IT- and AI-based platform, since the service's name and logo play a key role in marketing and in building user trust, trademark infringement is a particularly sensitive matter.

Accordingly, it is advisable to search in advance, through the Korea Intellectual Property Rights Information Service (KIPRIS) and the like, whether similar trademarks exist, and to have the similarity assessed by considering the overall impression, pronunciation, and meaning.

In addition, if possible, it may be a wise approach to assess the possibility of trademark registration through the prior advice of a patent attorney well versed in trademark law, an attorney experienced in intellectual property, and an attorney experienced in AI/IT matters.

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