What punishment do you receive if you infringe the Trademark Act?

You have asked about Trademark Act infringement. A trademark is a concept set forth in the Trademark Act, and it refers to a mark used to distinguish one's own goods from the goods of others.

This may feel a bit difficult, but to explain it simply, a trademark in the entertainment industry includes an idol's name, logo, and symbol.

Recently, there is a growing trend of applying trademarks even to idols' merchandise products, a trend that continues to increase.

To prevent such a trademark from being used without authorization and protect it legally, and when a trademark is registered, the right known as a trademark right is granted.

This trademark right has a duration of 10 years after registration, and during that period you have the exclusive right to use the trademark and you can exercise it.

Usually, idols' trademark rights are owned by their agencies, so as long as the contract is maintained, no problem arises with the use of the trademark.

However, after terminating the contract with the agency, if you continue to use that group name or the name, a legal dispute may arise due to Trademark Act infringement.

If a person who does not hold a trademark right infringes an exclusive license, imprisonment of up to 7 years or a fine of up to 100 million won may be imposed.

Therefore, in order to use another person's trademark right without Trademark Act infringement, it is desirable to obtain approval for the use of the trademark through an amicable settlement.