[Trademark Essentials for Marketers (EN)] 1-07. How to Determine Similar Trademarks – Reason for Trademark Registration Denial: Pre-Existing Similar Trademark

Trademark Essentials for Marketers (EN)Leave a comment

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…

[Trademark Essentials for Marketers (EN)] 1-06. Register Even Non-Trademark Items

Trademark Essentials for Marketers (EN)Leave a comment

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…

[Trademark Essentials for Marketers (EN)] 1-05. The Registration Strategy of ‘Delicious Milk GT’ : How to Register a Trademark That Lacks Distinctiveness

Trademark Essentials for Marketers (EN)Leave a comment

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…

[Trademark Essentials for Marketers (EN)] 1-04. Not Everything Can Be Registered – Reason for Trademark Registration Denial: Lack of Distinctiveness

Trademark Essentials for Marketers (EN)Leave a comment

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…