REMEDIES FOR TRADEMARK INFRINGEMENT

(1) Injunctive relief/preliminary injunction for infringement

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A trademark holder can seek an injunction claim requesting prohibition or prevention of infringement against a person who infringes or is likely to infringe on his trademark right (Trademark Act §107). Unlike patent or trade secret disputes, decisions of which are made based on extensive examination of complex technologies, trademark disputes can often obtain a court judgment in a relatively short time.

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(2) Claim for compensatory damages

A trademark holder can claim damages against a person who has intentionally or negligently infringed his trademark rights (Trademark Act §109).
When the trademark holder indicated on the products that the mark has been registered with the Korean Trademark Office, willful infringement is presumed on part of the trademark infringer (Trademark Act §112). Therefore, it is advisable for the trademark holder to make use of such indications when selling or advertising the products.

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(3) Criminal liability for trademark infringement 

Trademark infringement is a crime punishable by imprisonment for not more than seven (7) years or by a fine not exceeding KRW 100 million (Trademark Act §230).