As the online era takes center stage, the importance of branding has grown significantly. In the past, consumers associated products with specific locations—clothes from Dongdaemun, tools from Cheonggyecheon, and electronics from Yongsan. But that geographical perception is long gone now that everything can be purchased through online shopping malls.
In this digital age, brands play a crucial role since consumers no longer rely on store locations and instead focus entirely on the product itself.
Online branding can take many forms, including product names, business names, domain names, social media account names, search ad keywords, and hashtags. These elements can also function as trademarks.
Domain Names Can Be Trademarks
Domain names are registered on a strict first-come, first-served basis. As long as an identical domain name does not exist, registration is allowed (e.g., you can register abc.co.kr even if abc.com is already taken).
However, domain names can also be trademarks, requiring caution. While domain names themselves provide no exclusive rights, a registered trademark grants nationwide exclusivity. Trademark owners can request the cancellation or transfer of a domain name if it infringes on their trademark rights, as stipulated by the Internet Address Resources Act.
When launching a business or new venture, many entrepreneurs prioritize registering domain names without first checking trademark availability. It’s advisable to check whether similar domain names are already owned by others or registered as trademarks in the country. Additionally, if you plan to expand overseas, you should verify trademark registration in key foreign markets.
Social Media Account Names Can Be Trademarks
Names, as personal identifiers, are generally not considered trademarks and thus are not subject to trademark rights. However, depending on how they are used, social media account names can function as trademarks and may infringe on registered trademarks.
Social media platforms like Instagram and Facebook, initially designed for personal interaction, are now vital tools for corporate marketing and brand promotion. Companies use these platforms to build strong connections with consumers.
For example, Motemote, a stationery brand known for its “Ten Minute Planner,” actively promotes itself through social media. The brand’s social accounts engage with users by liking and resharing posts where customers showcase their planners. No one perceives the Motemote account as a personal profile—it’s clearly a corporate account used for marketing, and the account name functions as a trademark.
If someone were to impersonate Motemote by creating a similar account and promoting or selling identical products, it would likely constitute trademark infringement since Motemote is a registered trademark.
Search Ad Keywords Can Be Trademarks
Keywords used in search advertisements can also function as trademarks. While most consumers use general, non-distinctive keywords like “peach” or “yellow peach” to search for products, there are instances where they directly input brand names as keywords.
For instance, consider a shoe company unrelated to Adidas that sets up a search ad using “Adidas” as a keyword. When consumers type “Adidas” in the search bar, the ad redirects them to this unrelated company’s website instead of Adidas’s official site.
Korean courts have ruled that using another company’s brand as a search ad keyword can constitute trademark infringement. Therefore, caution is necessary when setting up search ad campaigns.
Be Cautious with Hashtags
Just as search ad keywords can be considered trademarks, hashtags can also serve a trademark function.
For example, if someone uses hashtags like #NewBalance or #NewBalanceShoes in their posts to promote products unrelated to New Balance, they can benefit from increased exposure when consumers search for those hashtags. However, this practice may infringe on New Balance’s trademark rights. Trademark law does not tolerate unauthorized free-riding on the reputation of well-known brands. Using another brand’s name to attract attention without permission may lead to legal consequences.