Under the current Trademark Act, the grounds of the restriction on the effects of the trademark right are stated as ‘any trademark using his/her own name, title etc. in a common way does not constitute the infringement of his/her trademark right’.

Under the revised Trademark Act, it is changed to ‘any trademark using his/her own name, title etc. in accordance with the commercial practice does not constitute the infringement of his/her trademark right’, and accordingly the person becomes to use his/her name, trade name etc. within the necessary scope under the commercial practice.

(Effective from September 1, 2016)