국내 상표법의 사용주의 제도 강화방안 연구

South Korea, like Japan and China, has adopted a registration-based trademark system, which is characterized by the ability to register trademarks without verifying actual use, provided that formal requirements are met. However, this registration-based system, when combined with the first-to-file principle, inherently presents limitations that can lead to the preemptive acquisition and malicious registration of trademarks that are not actually used in commerce. In contrast, the United States represents a leading example of a use-based trademark system, where rights arise from actual commercial use of the trademark and even intent-to-use applications are granted on the submission of the evidence of actual use for registration. The U.S. trademark law maintains a balance between trademark rights and public order by treating applications as abandoned if evidence of use is not submitted within a specified period, and continuing to require use declarations even after registration to ensure ongoing proof of actual use. Due to the limitations of the registration-based system under the first-to-file principle, many countries are aiming to compromise between the advantages of registration-based and use-based approaches. In South Korea, while use-based elements have been incorporated through mechanisms such as intent-to-use verification and non-use cancellation proceedings, the effectiveness of these measures remains insufficient to prevent indiscriminate trademark applications. This study aims to comparatively analyze the systems of major countries and propose improvements to the trademark use evidence submission system to strengthen substantive use-based elements in South Korean trademark law.