English version of [Trademark Essentials for Marketers] (published 2020) by Ms. Sohyun PARK, the representative partner of Sarang IP Law Firm
If you need to consider overseas trademark registration from the brand-naming stage, what is the most efficient method of conducting a preliminary trademark review? The safest approach is to collaborate with patent attorneys in various countries to scan all proposed brand names and assess their registrability in both Korea and abroad. However, launching a new…
It is rare for a startup to plan for export from the beginning. However, since Korea’s domestic market is small and its industrial structure is centered around export manufacturing, overseas expansion becomes essential for companies that have established a foundation. When entering foreign markets, trademark registration is the most powerful tool to protect a company.…
Once trademark registration is completed, the holder gains a broad range of rights. Since trademarks are relatively intuitive and easy to understand, enforcing trademark rights tends to be simpler and more effective compared to other intellectual property rights. So, what specific rights does a trademark holder have? 1. Exclusive Monopoly Rights The fundamental purpose of…
Approximately 20% of all trademark applications are ultimately rejected. But what if you have already been using your trademark extensively? Should you immediately stop using it and change the brand name? The first thing to understand is that trademark registration is intended to prohibit third-party infringement, not to grant permission to use the trademark. Trademark…
Determining whether a trademark is distinctive or similar to an existing one is subjective and lacks a definitive answer. Even with thorough preparation and expert consultation, there is always a chance that your application may be rejected. However, there’s no need to panic if you receive a rejection notice. Several remedies are available. Here are…
Step 1: Apply Exactly as You Intend to Use If your trademark is distinctive and no similar pre-registered trademarks exist, it’s time to submit your trademark application. The application process is referred to as “출원” (pronounced “chul-won”), meaning “submission of a formal request.” The act of filling out and submitting the application itself is straightforward.…
Registration through Examination Some people mistakenly believe that filing a trademark application is similar to registering a business, assuming that all applications automatically result in registration. This is not true. Trademark applications undergo strict examination by the Korean Intellectual Property Office (KIPO) according to trademark law. On average, about 75% of applications are approved during…
Even if a trademark is sufficiently distinctive and has no identical or similar pre-registered trademarks, there are still cases where registration may be denied. Well-Known Trademarks Owned by Others We have emphasized several times that trademarks are meant to protect the right of first registration. However, the primary function of a trademark is to indicate…
While the final opinion on the registrability of a trademark should be left to a professional, it is beneficial to conduct a preliminary search to filter out unregistrable marks before consulting an expert. The Korea Intellectual Property Rights Information Service (KIPRIS), an online platform operated by the Korean Intellectual Property Office (KIPO), offers free trademark…
A common misconception is that registering a trademark gives the registrant rights over the word itself. This is not true. Trademark rights function like territorial claims—marking a specific domain for exclusive use. By registering a trademark for a particular category of goods or services, the registrant gains rights only within that designated category. When filing…
