Trademark Act Article 36

Limits on effect of registered trademarkA registered trademark shall not entitle the proprietor to prohibit a third party from:(1)Indicating his/her own name, or the term, shape, quality, nature, characteristic, intended purpose, place of origin, or any other description in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters and not using it as a trademark;(2)Indicating the purpose of use of goods or services in accordance with honest practices in industrial or commercial matters, where it is necessary to use the registered trademark to indicate goods or services of the proprietor. It shall not apply if there exists a likelihood of confusion among relevant consumers as a result of such use;(3)Using where it is necessary for the goods or services to be functional; or(4)Using bona fide, prior to the filing date of the registered trademark, an identical or similar trademark on goods or services identical with or similar to those for which the registered trademark is protected, provided that the use is only to the original extent; the proprietor of the registered trademark is entitled to request the party who use the trademark to add an appropriate and distinguishing indication.Where goods have been put on the domestic or foreign market under a registered trademark by the proprietor or with his/her consent, the proprietor is not entitled to claim trademark rights on such goods, unless such claim is to prevent the condition of the goods been changed, impaired, reprocessed or reformed by a third party after such goods have been put on the market or there exist other legitimate reasons.