Practice Areas
Our People
News & Resources
Book Consultation

Q
Views46,921
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.

Intellectual Property Rights 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
주요 업무사례
더보기
All fields At a glance
1/0