Newsletter
Supreme Court Interprets Requirements for Prior Use of Trademarks in Good Faith as Defense against Trademark Infringement Accusation
According to the Trademark Act, the prior use of a trademark in good faith before the filing date of the claiming registered trademark may be cited as defense against trademark infringement accusation. The Supreme Court expounded in a trademark infringement criminal case in 2021 that restrictions of such defense are based on the good faith use of the same or similar trademark for the same or similar goods or services before the trademark application date of another person’s trademark. If it cannot be proved that it is a prior use "in good faith", one cannot claim to be free from any liabilities due to infringement upon the trademark rights of others. In addition, whether the product is genuine is based on if the product is manufactured by the trademark owner or its licensee. Therefore, if the date of manufacturing and circulation of the product is earlier than the filing date of the registered trademark, it does not mean that the product is indeed the genuine product, which were manufactured by the trademark owner or its licensee.