No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, from February 1, 2012 to March 27, 2015, the Defendant infringed upon the trademark rights of the said “G Co., Ltd.” by selling three kinds of link drinks that are identical or similar to the trademark “H” (trademark registration number: I, J) that is registered with the Korean Intellectual Property Office of Korea as a salesperson at the office of the said F Co., Ltd. (G Co., Ltd.) and selling them to many and unspecified persons.

2. Determination

A. The act of using another person's registered trademark on goods identical with or similar to the designated goods constitutes an infringement on another person's trademark right. However, even if the trademark is used on another person's registered trademark, if it is not for the essential function of the trademark, and it is not for the use of the trademark, it shall not be deemed an infringement on another person's trademark right. In order to determine whether it is being used as a trademark, in full view of the relation with the goods, the mode of use of the relevant tag (in other words, the location, size, etc. indicated on the goods, etc.), the well-knownness of the trademark registration, the user's intent, and the process of use, etc., the determination should be made after considering whether the mark is used as a product's identification mark (see Supreme Court Decision 2002Do3445, Apr. 11, 2003).