Legal Q&A
Q
Views46,988
I am trying to create a franchise-type pizza corporation with a concept similar to the eco-friendly A Pizza that is trending these days. The pizza recipe is one we developed ourselves, so it has its own originality. However, when deciding the company's trade name, is it all right to make it similar to the existing A Pizza's trade name?
Unfair Competition Prevention and Trade Secret Protection Act
Monopoly Regulation and Fair Trade Act
Answer
Published:
Author : Kuk Il KIM
When deciding a company's trade name, you must not use a trade name that could be mistaken for another person's business for an improper purpose.
In particular, if you use a trade name similar to another person's trade name that is widely recognized within the country and thereby cause confusion with another person's business facilities or activities, this violates the Unfair Competition Prevention Act.
In such a case, since you would have committed an act of unfair competition, there is a risk of being sued for damages by the other party.
In addition, if it is recognized that you committed a violation of the Unfair Competition Prevention Act, you may be subject to imprisonment for up to three years or a fine not exceeding 30 million won, and criminal liability may follow.
Points to note when deciding a company's trade name
▶ In principle, the trade name of a corporation can be decided freely, but you must not use a trade name that could be mistaken for another person's business for an improper purpose.
A person who violates this is subject to an administrative fine not exceeding 2 million won under the Commercial Act.
Here, an 'improper purpose' refers to the intention, by using a certain name as one's own trade name, to make the general public mistake one's own business for another person's business indicated by that name.
In order to understand this issue in detail and prepare appropriate countermeasures, it is advisable to seek advice from and obtain help from an attorney.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ cases handled per month
* 2025년 월평균 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0