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| Article 2 (Definitions) |
| (1) | The terms used in this Act are defined as follows: <Amended on Feb. 3, 2022> |
| 1. | The term "trademark" means a mark used to distinguish goods (including services or goods related to the provision of services except goods on which a geographical indication is used; hereinafter the same shall apply) of one business from those of others; |
| 2. | The term "mark" means all indications used to identify the source of goods, irrespective of the composition or methods of the expression thereof, which include any sign, letter, figure, sound, smell, three-dimensional shape, hologram, movement, color, etc.; |
| 3. | The term "collective mark" means a mark intended to be used directly by a corporation jointly incorporated by persons who produce, manufacture, process or sell goods, or who provide services, or intended to be used by its members; |
| 4. | The term "geographical indication" means an indication used to identify goods produced, manufactured, or processed in a specific area in cases where a certain quality, reputation or other characteristic of goods has essentially originated from such specific area; |
| 5. | The term "homonymous geographical indication" means a geographical indication for the same goods which shares the same pronunciation with a geographical indication of other goods, but the relevant geographical location is different from that other indication; |
| 6. | The term "collective mark with geographical indication" means a mark intended to be used directly by a corporation jointly incorporated by persons who produce, manufacture, or process goods on which a geographical indication may be used, or is intended to be used by its members; |
| 7. | The term "certification mark" means a mark used by a person who commercially certifies and manages the quality, place of origin, methods of production, or other characteristics of goods to certify that goods of others meet quality criteria, the place of origin, methods of production, or other characteristics; |
| 8. | The term "certification mark with geographical indication" means a mark used by a person who commercially certifies a geographical indication to certify that goods of others meet specified geographical characteristics; |
| 9. | The term "business emblem" means a mark used by a person who engages in not-for-profit business to identify his or her business; |
| 10. | The term "registered trademark" means a trademark which has been registered; |
| 11. | The term "use of a trademark" means any of the following: |
| (a) | Displaying a trademark on goods or packages of goods; |
| (b) | Transferring or delivering goods or packages of goods on which a trademark is displayed, providing such goods or packages through telecommunications lines, or exhibiting, exporting, or importing them for the purpose of such transfer, delivery, or provision; |
| (c) | Displaying a trademark on advertisements for goods, price tags, transaction documents, or other means, and exhibiting or giving wide publicity to the trademark. |
| (2) | Displaying a trademark under the items of paragraph (1) 11 includes displaying a trademark through any of the following methods: |
| 1. | Displaying a trademark in the shape of a mark or by means of sound or smell; |
| 2. | Displaying a trademark through an electronic method on information provided through a telecommunications line. |
| (3) | Except as otherwise provided in this Act, the provisions concerning trademarks shall apply to collective marks, certification marks, or business emblems. |
| (4) | Except as otherwise provided in this Act, the provisions concerning collective marks with geographical indication shall apply to certification marks with geographical indication. |