Trademark Protection and the Risks of Imitation
Trademark protection is based on registration by choice, meaning that the law prioritizes protecting trademarks that have been registered. Under the territorial principle, trademark laws—including the Korean Trademark Act—only recognize and enforce trademark rights within the country where the trademark is registered.
This principle has led to cases where foreign well-known trademarks or emerging brands are preemptively registered by others without authorization.
Consequences of Unregistered Trademarks
Even if a registered trademark is clearly an imitation, the liability may fall on the original user if they have not yet registered their mark. This can lead to serious consequences, such as:
- The need to change the trademark
- Loss of market position
- Payment of damages
However, these problems can be resolved through legal action.
Consumer Protection and Trademark Law
While trademark law aims to protect registered marks, its broader purpose is to safeguard consumers by preventing confusion in the marketplace. Therefore, even registered trademarks can be challenged and invalidated if they are proven to be imitations that cause consumer confusion or infringe upon another’s rights.
In Korea, the law prohibits the registration of imitation trademarks and allows for their cancellation, even after they have been registered. However, balancing the protection of the original user’s rights with the need to prevent consumer confusion can be a complex task under the principles of registration policy.
Our Expertise
At Sarang IP Law Firm, we have extensive experience in handling:
- Objections against imitation trademark registrations
- Cancellation trials for registered trademarks
If you suspect that someone has imitated, occupied, or registered your trademark, we can help.
How We Can Support You
With years of accumulated experience and know-how, we can:
- Accurately assess the likelihood of success
- Develop and implement effective countermeasures
Don’t let imitation trademarks undermine your business.
Contact Sarang IP Law Firm today for expert guidance and support!