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…
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…
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…
Step 1: Simultaneous Preliminary Review for Domestic and International Registration During the new brand planning stage, assess the trademark’s registration possibilities both domestically and internationally.Make full use of free search platforms and obtain expert opinions from local representatives for key countries regarding your final candidates.If a non-exclusive trademark is selected, determine how to protect it…
The international trademark registration system is based on the concept of extending the territorial scope of a domestic (basic) trademark. Essentially, the basic trademark is replicated in other designated countries. However, this very concept of territorial extension is the greatest weakness of the Madrid System. If the basic trademark becomes invalid for any reason, the…
Due to the principle of territoriality, trademarks must be registered separately in each country. In today’s globalized business environment, this can impose a significant financial burden on companies. Managing and coordinating the different trademark registration systems and procedures for each country is also challenging. To alleviate this burden, the International Trademark Registration System was developed,…