FAIR TRADE LAW
Article 20
No enterprise shall have any of the
following acts with respect to the goods or services it supplies:
- using in the same or similar manner,
the personal name, business or corporate name, or trademark of another, or
container, packaging, or appearance of another's goods, or any other symbol
that represents such person's goods, commonly known to relevant enterprises
or consumers, so as to cause confusion with such person's goods; or selling,
transporting, exporting, or importing goods bearing such representation;
- using in the same or similar manner,
the personal name, business or corporate name, or service mark of another,
or any other symbol that represents such person's business or service, commonly
known to relevant enterprises or consumers, so as to cause confusion with
the facilities or activities of the business or service of such person; or
- using on the same or similar goods
the mark that is identical or similar to a well-known foreign trademark that
has not been registered in this country; or selling, transporting, exporting,
or importing goods bearing such trademark.
The preceding paragraph shall not apply to any one of the following:
- using in an ordinary manner the
generic name customarily associated with the goods or the representation customarily
used in the trade of the same category of goods; or selling, transporting,
exporting or importing goods bearing such name or representation;
- using in an ordinary manner the
name or representation that is customarily used in the trade of the same type
of business or service;
- using in good faith one's own
name, or selling, transporting, exporting or importing goods bearing such
name; or
- using, with good faith, in the
same or similar manner the representation referred to in the first or second
subparagraph of the preceding paragraph before such representation having
become commonly known to the relevant enterprises or consumers, or using such
representation by any successor that acquires such representation together
with the business from a bone fide user; or selling, transporting, exporting
or importing goods bearing such representation.
Where any enterprise has any of the acts set forth in the third and fourth subparagraphs
of the preceding paragraph which is likely to damage or cause confusion with
the business, goods, facilities, or activities of another enterprise, the latter
enterprise may request the former to add appropriate representation unless the
former only transports such goods.