상법 제23조의 상호권과 역혼동 인정요건에 관한 소고

Abstract

No person shall, for unfair purpose, use any trade name which is likely to induce others to believe that it represents the business of another person. In a case where a person has used such a misrepresenting trade name in contravention of above, any person whose interest is likely to be thereby harmed or any person who has registered his trade name may demand cessation of its use. In addition, he has a right of claim for damages. No trade name which has been registered by another person shall be registered as trade name of the same kind of business in the same Seoul Special Metropolitan City, Metropolitan City, etc. Also under the special situation, trade name may be protected by provisional registration. Any person whose interest is likely to be harmed by ordinary people's reverse confusion of trade name has a right of claim for damages. The legal requirements for reverse confusion may be different from those of the right of trade name in the Article 23 of the Commercial Law.