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 search services at www.kipris.or.kr.
Step 1: Consider Whether the Trademark Has Distinctiveness
First, determine if the trademark you plan to register has source-identifying distinctiveness. Instead of focusing on whether it has distinctiveness, assess whether it falls under the category of trademarks deemed non-distinctive. Review the criteria for non-distinctive marks and check if your trademark might fit any of these categories.
If your branding strategy involves using a non-distinctive but marketing-friendly trademark, explore ways to secure registration and consult an expert for advice.
Step 2: Access KIPRIS and Search for Pre-Registered Trademarks
Next, specify the goods or services for which you want to register the trademark and determine the corresponding similar product code (similarity group). Product classification is not a critical factor in this process.
To begin your search:
- Go to the KIPRIS website and click on “Trademarks” > “Search by Category.”
- Click on “Helper for Classification Information.”
- In the classification helper tool, enter the name of your product to search through various related products. Don’t be alarmed if the search returns many unexpected results; this is normal.
Step 3: Conduct the Prior Trademark Search
Once you have identified the similar product code, enter both the trademark and the code into the search bar.
- If an identical trademark exists, it will appear in the search results.
- If no identical trademark is found, remember that trademarks may still be rejected due to similar marks. Try modifying the search terms by removing the last letter or entering phonetically similar variations. For example, you could try different variations such as Prida, Proda, Prida, or Frada.
If no relevant results appear, you may consider proceeding with the trademark application. However, it is still recommended to have a professional review your search results. Trademark attorneys typically use specialized paid programs designed for comprehensive trademark similarity searches.
Additional Considerations
Trademark similarity assessment is highly nuanced and involves many principles and exceptions. It requires a comprehensive evaluation that considers market conditions, trade practices, and current examination trends. Remember, a trademark is both the beginning and the end of brand planning. Never underestimate the importance of trademark registration.