Yearly Archives: 2025

[Trademark Essentials for Marketers (EN)] 3-07. How to Handle Overseas Trademark Disputes

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…

[Trademark Essentials for Marketers (EN)] 3-06. Proxy Purchases May Infringe on Trademarks

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…

[Trademark Essentials for Marketers (EN)] 3-05. Parallel Imports Cannot Be Blocked

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…

[Trademark Essentials for Marketers (EN)] 3-04. Well-Known Trademarks Are Protected Even Without Registration

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…

[Trademark Essentials for Marketers (EN)] 3-03. How to Respond to Trademark Copycat Registrations

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…

[Trademark Essentials for Marketers (EN)] 3-02. What to Do When You Receive a Cease-and-Desist Letter

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,…

[Trademark Essentials for Marketers (EN)] 3-01. How to Send a Cease and Desist Letter

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…

[Trademark Essentials for Marketers (EN)] 2-08. Trademark Imitation in China and Strategies for Trademark Registration

Trademark Imitation in China China is notorious worldwide for brand imitation. Many cases illustrate the severity of this issue. For example, a company may participate in Shanghai Fashion Week once, only to find out later that their trademark has already been registered when they try to enter the Chinese market. In other cases, an eager…

[Trademark Essentials for Marketers (EN)] 2-07. The European Trademark System

EU member countries allow trademarks and designs to be filed and registered through a single application process. The European trademark system operates under distinct rules, differing from those of most other registration-based countries. Examination Only for Absolute Grounds of Refusal The European trademark system conducts a limited examination. Only the distinctiveness of the trademark and…

[Trademark Essentials for Marketers (EN)] 2-06. U.S. Trademark Registration System

You don’t need to understand the trademark laws of every country, but it’s good to have a basic grasp of frequently targeted regions like the U.S., Europe, and China. The U.S., under the common law system, has many differences from other countries’ trademark laws, emphasizing practicality and party autonomy. This means that applying a Korean…