Unlike patents or designs, which have short lifespans and change constantly, brands build reputation and trust over time through continuous use. Once a brand earns recognition and credibility, it becomes deeply embedded in consumers’ memories, almost as if it were a living entity.
There was a brand called Sun Furniture, a well-known mid-sized furniture company until the early 1990s. Due to financial difficulties, the company ceased production in March 1991. Despite this, many furniture companies continued using the name in advertisements for years. Even as late as 2005, “Sun Furniture” was being used as a keyword in Naver search ads.
The Sun Furniture trademarks, registered under Sunchang Industries Co., Ltd., remained valid until 2006 but eventually expired.
Then, in 2007, a year after the trademarks had expired, an individual in Incheon filed for the SUNFURNITURE trademark and successfully registered it in 2008.
Upon discovering this, Sunchang Industries filed a lawsuit to invalidate the registration. They argued that Sun Furniture was still widely recognized in Korea at the time of the application and that the new trademark registration was an attempt to exploit the brand’s reputation and deceive consumers. Despite more than 15 years having passed since production stopped, they claimed the brand was still well-known among consumers.
The Supreme Court sided with Sunchang Industries, ruling that the individual’s registration was invalid. The court stated that even if Sunchang Industries had no intention of continuing to use the Sun Furniture brand, the trademark was still recognized by consumers as belonging to a specific company. The court also found that the individual’s registration was made with malicious intent, seeking unjust benefits by leveraging the brand’s established reputation.
“Even if the imitated trademark is not currently in use or the rights holder has no clear intent to continue its use, if the trademark is still recognized by consumers domestically or internationally due to past usage and reputation, and if the applicant seeks unjust profits by exploiting this reputation or causes harm to the rights holder, the registration may be considered invalid.”
(Supreme Court ruling, May 9, 2013, Case No. 2011Hu3896)
In Sun Furniture’s case, production ceased in 1991, and all trademark registrations expired in 2006. However, advertisements continued through dealerships until 2007, maintaining the brand’s presence in the market. Therefore, the court concluded that the 2007 trademark application was made in bad faith to take advantage of the brand’s remaining reputation and should be invalidated. Despite being unused for over 15 years, the court emphasized the importance of protecting consumer trust in enduring brands.
There are many other brands that, though no longer in operation, remain etched in people’s memories. Cyworld, which narrowly survived bankruptcy, is unforgettable to an entire generation of South Koreans. Brands like Kodak, from the era of film cameras; iRiver, from the age of MP3 players; Tower Records, a gathering spot for music enthusiasts; Pan Am, a symbol of American aviation; and Compaq, once the world’s second-largest PC company, all live on in people’s minds.
It is said that the music people loved in their youth remains their favorite for life. Similarly, successful brands reflect their era and become forever engraved in the memories of those who lived through it. Trademarks merely trace these enduring imprints.
To all the marketers out there, I wish you success in creating lasting brands of your own.