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…
Once you have chosen a brand that can be monopolized and has source-identifying distinctiveness, the next step is to check for any pre-registered trademarks. Since trademark law protects selection and registration rather than creation, the principle of prior registration is paramount. No matter how creative or original a coined trademark may be, if a similar…
Quiz: Are ‘Taebaek Mountain Range,’ ‘Think Different,’ and ‘Big Mac’ Trademarks? The answer is no. Surprisingly, items such as business names, publication titles, advertising slogans, and menu names are not trademarks. Even Big Mac is not a trademark? That’s right. In 2019, the European Union Intellectual Property Office (EUIPO) ruled that Big Mac was not…
According to trademark law, it is advisable not to use a non-distinctive mark as a brand. This is because such marks are not eligible for registration, and even if they are registered, enforcing trademark rights may prove difficult. For stable trademark protection that prevents third parties from registering or using similar marks, it is better…
Earlier, we discussed that any source-identifying sign can be eligible for trademark registration. However, not all signs are registrable. Since a trademark is a sign used to identify the source of a product, the sign itself must have the ability to serve that purpose. This capability is referred to as distinctiveness. Understanding distinctiveness can be…
According to trademark law, a trademark is defined as “any sign that identifies the goods of one party and distinguishes them from the goods of others,” i.e., a mark that indicates the provider of the goods. Identification as a Source Indicator – The Function of a Trademark Because of its ability to differentiate between one’s…
It’s surprisingly common for companies to contact me saying they want to register a trademark just a week before their product launch. This is absolutely unacceptable. These companies often assume that trademark registration is a given. However, registering a trademark is far more challenging than they expect. In most cases, not only will their trademark…
Have you heard the news about the famous Korean dessert franchise Sulbing finally invalidating a counterfeit trademark in China after seven years? When Sulbing entered the Chinese market, it faced a flood of counterfeit brands, leading the company to refund the contract fees of its Chinese franchise partners and ultimately withdraw from the market. Recently,…