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What is trademark infringement?
Unauthorized use of another person's trademark can constitute trademark infringement.
1) What is a trademark?
A trademark is a sign or mark used to distinguish your product from the products of others.
- Here, a 'sign or mark' refers to symbols, letters, shapes, sounds, odors, three-dimensional forms, holograms, movements, or colors, and
- any indication used to indicate the source of goods, regardless of its composition or presentation.
- Even if a sign or mark used by another person is not registered as a trademark, it can be recognized as a trademark if it is widely recognized.
2) What is trademark infringement?
- Using another person's trademark without authorization
- When there is one or more commonality found in the appearance, pronunciation, or concept of two trademarks. The trademarks are recognized as similar, and this can constitute trademark infringement.
3) Examples of trademark infringement

[Patent Court decision, April 23, 2009, Case 2009Hu764]
| Appearance: The two trademarks above are recognized as having similar appearances, with 'Bull' and the bull figure as the center, and the main colors in common. Pronunciation: When pronounced as 'bull' or 'ox', the pronunciation was also determined to be similar. Concept: From the perspective of the concept that comes to mind when viewing the trademark, each trademark combines 'Red', representing passion, and 'force', representing strength, with 'bull', making it highly likely to be recognized as 'a powerful or passionate bull' or 'bull'. The target products are similar in that they are both functional beverages with tonic and invigorating effects. |