Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

What punishment does one receive for committing a violation of the Trademark Act?

Legal IntellectualViews57,358

My company has been the subject of a criminal complaint for violation of the Trademark Act on the ground that the name of a product we newly released is similar to a competitor's product. We had no such intention at all, so we feel this is deeply unfair. We truly spent a long time developing and releasing it, and I am worried that, because of this, we may not even be able to sell it. If a violation of the Trademark Act is recognized, what criminal liability would we bear?

Violation of the Trademark Act

Trademark infringement

A

Answer to Related Inquiry

Under the Trademark Act, only the trademark holder has the exclusive right to use the registered trademark, so if a person other than the trademark holder registers and sells a similar trademark without legitimate authority, it constitutes trademark infringement.

Of course, if you used a completely identical trademark and exploited it for profit, it clearly constitutes a violation of the Trademark Act, so you may face criminal liability and civil damages.

However, if it is not a completely identical trademark, whether it is unlawful may vary depending on the court's judgment, so it is necessary to prepare carefully and respond to this.

If a violation of the Trademark Act is recognized, under the Trademark Act you are subject to imprisonment with labor for up to 7 years or a fine of up to 100 million won.

In addition, besides the actor who infringed another person's trademark right, a corporation is also subject to a fine of up to 300 million won, and an individual to a fine of up to 100 million won.

However, if the corporation or individual did not neglect considerable care and supervision to prevent the violation, a fine is not imposed.

If you become involved in a violation of the Trademark Act, it is advisable to obtain assistance from an attorney in order to accurately assess and respond to the situation.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney KwangDeok Kim

KwangDeok Kim

T. 070-7510-2018

Perform trademark management work for Cartier, Louis Vuitton, etc.

Attorney MiRa SONG

MiRa SONG

T. 070-5214-2362

Intellectual property lawyer

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat