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,…
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…