(A) The Trademark Act provides that in a case where one intellectual property (IP) right is in conflict with other IP right, the first-to-file right, or the earlier created right, is given priority over the other, and it is reasonable to assume that such rule invariably applies to a trademark conflict. Therefore, in a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior applied and registered trademark before the filing date of the said trademark owner’s application for trademark registration (hereinafter “subsequent registered trademark”) and used the subsequent registered trademark, without authorization of the owner of a prior mark, on goods similar or identical to designated goods of the prior registered mark, an exclusive right to the use of the subsequent registered trademark is no longer exercisable, and an infringement on the prior registered mark is established without regard to whether a trial ruling that inval...
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