Under the circumstances of export manufacturing-oriented industrial structure of Korea, products are planned, putting export above domestic consumption at the first place.
This makes indispensable to secure patents and trademarks overseas in order to prohibit imitation and advancing to markets of third parties.
If you are preparing a new product brand scheduled to be exported overseas, it is recommended to establish a strategy for registering it at home and abroad, as follows:
Step 1. Investigating prior Trademarks and Judging registrability, from the step of brand Naming.
We study and judge on prior trademarks and the registrability in major countries that must be registered, as well in the nation, from the step of brand naming.
Free on-line websites such as Google, TMview, WIPO, GBD, etc, are actively being used.
Step2. Filing of Domestic Trademark with accelerated examination
Once a brand to be registered is decided, the top priority is filing the trademark application. At this time it is recommend to request accelerated examination that makes the examination result from KIPO could be outcome within three months, at maximum.
Step 3. Filing Overseas Applications accompanying International Registration and Individual Application, with a priority laim within six months from the domestic filing date.
Overseas application accompanying international registration application and individual application are being made. At the same time, a claim for priority within six months after domestic application is being filed.
A claim for priority provides convenience to trace overseas application date back to domestic application date, which resolves a time difference between domestic and overseas application dates.
At this time, Individual application does not always require waiting for the nation’s examination outcome.
Whereas, it is recommended to file International registration after the basic domestic application go through an examination, because a total of international registration could be invalid, if domestic basic application is rejected.
However, securing domestic trademark registration is the first thing to be considered.
Therefore, it can be desirable to file overseas application after domestic trademark registration is established.
But, this is based on the judgment made in terms of business. There are many companies that proceed with simultaneous domestic and overseas applications.
Meanwhile, the member nations of Madrid Agreement are not always in an advantageous position to secure international registration.
International registration gives a great effect in reducing cost, but instead, every procedure is being made at a slow speed.
Some of the member nations do not fulfill the agreement, properly. For the reason, the agreement is not substantially valid.
In addition, there are differences in review criteria as to products, from each nation.
Types of products show somewhat differences, which need to be considered.
Sarang IP Law Firm has the most skilled professionals who equip themselves with a great deal of experience about international registration, and establish registration strategies of each nation, and effectiveness of international registration, including basic searching at home and abroad.
Get with Sarang IP Law Firm.
we will present the strategies of the optimal application in consideration of cost, time, the status of registration, system, trademark law of each nation, and review precedents.
