[Consulting] Review of the possibility of nullity of a previously registered trademark and the possibility of trademark use by the prior user.

Company A has been selling a specific product under the name B for a long time, and this product sales performance has significantly contributed to the growth of Company A. However, recently, while Company A continues to sell product B, it received a warning from the trademark holder who suddenly registered the name B as a trademark.

Accordingly, Company A inquired with Law firm Veat regarding whether there are ways to continue using the name B, which has been registered as a trademark by another person. Trademark is the right to exclusively use a trademark for designated goods, and trademark registrants are, in principle, exclusive and proprietary property rights. Therefore, if another person uses a validly registered trademark, trademark infringement may be an issue, and the trademark registrant can request the trademark infringer to stop using the trademark, etc.

Accordingly, Law firm Veat investigated the factual relationship related to the product sold by Company A, analyzed the provisions of the Trademark Act and relevant case law, and provided an answer regarding the possibility of trademark invalidity under the Trademark Act and the possibility of trademark use by the prior user, considering the situation that can be ascertained at present.

Thank you.

Law firm Veat