English version of [Trademark Essentials for Marketers] (published 2020) by Ms. Sohyun PARK, the representative partner of Sarang IP Law Firm
Unlike patents or designs, which have short lifespans and change constantly, brands build reputation and trust over time through continuous use. Once a brand earns recognition and credibility, it becomes deeply embedded in consumers’ memories, almost as if it were a living entity. There was a brand called Sun Furniture, a well-known mid-sized furniture company…
There is a domestic brand called Playnomore that gained fame with its “eye bag” known as Shygirl. This bag was a playful parody of the French luxury brand Hermès’ Birkin bag, featuring large cartoonish eyes on the design. Its creative and humorous approach sparked a global craze, with international celebrities placing orders. The brand experienced…
As the online era takes center stage, the importance of branding has grown significantly. In the past, consumers associated products with specific locations—clothes from Dongdaemun, tools from Cheonggyecheon, and electronics from Yongsan. But that geographical perception is long gone now that everything can be purchased through online shopping malls. In this digital age, brands play…
With platforms like Amazon, Taobao, Tmall, and Shopee facilitating easy access to foreign markets, and global advertising opportunities through platforms like Google, Instagram, and Facebook, trademark disputes have become more frequent. You may find yourself needing to take action against counterfeit products, or conversely, receiving demand letters claiming trademark infringement. Platforms may handle intellectual property…
With the rapid growth of online shopping, various types of platforms have emerged, including direct purchasing , shipping proxies, proxy purchases, and overseas delivery services. Recently, a significant ruling was issued regarding proxy purchase operations, which straddle the line between direct purchases and overseas delivery. In this case, the defendant operated a proxy purchase business…
Parallel Imports Are Permitted for Genuine Goods When foreign products are imported into a country, the typical scenario involves a domestic distributor or exclusive agent who signs a distribution contract. This agent handles necessary formalities, including permits and marketing, in exchange for a guarantee of exclusive import rights for a set period. However, once the…
Trademarks are based on the principle of protecting those who register first, which means unregistered trademarks generally do not have legal rights. However, trademark law also aims to protect consumer trust, which is just as important as safeguarding the rights of trademark owners. Unlike copyright law, which protects creation, trademark law protects choices. Although trademark…
In recent years, there has been a significant decline in trademark imitation filings in Korea. This change can be attributed to relaxed criteria for rejecting such applications and better-established guidelines allowing examiners to actively check for widely-used but unregistered prior trademarks. Additionally, increased awareness of intellectual property and government initiatives encouraging registration have made trademark…
Receiving a certified cease-and-desist letter is not the same as a legal document or lawsuit, but it does carry more weight than an email or verbal warning. When sent through a legal representative, it can feel like an official prelude to legal action, often leaving the recipient feeling upset and unsure how to proceed. However,…
As with any successful product, imitations are inevitable. If your product starts gaining traction and suddenly imitation products with similar concepts, trademarks, and packaging appear, the first step is to send a polite request asking for the cessation of trademark use. As a trademark owner, you are within your rights to file a complaint or…