According to trademark law, a trademark is defined as “any sign that identifies the goods of one party and distinguishes them from the goods of others,” i.e., a mark that indicates the provider of the goods. Identification as a Source Indicator – The Function of a Trademark Because of its ability to differentiate between one’s…
It’s surprisingly common for companies to contact me saying they want to register a trademark just a week before their product launch. This is absolutely unacceptable. These companies often assume that trademark registration is a given. However, registering a trademark is far more challenging than they expect. In most cases, not only will their trademark…
Have you heard the news about the famous Korean dessert franchise Sulbing finally invalidating a counterfeit trademark in China after seven years? When Sulbing entered the Chinese market, it faced a flood of counterfeit brands, leading the company to refund the contract fees of its Chinese franchise partners and ultimately withdraw from the market. Recently,…
Global Trademark Strategy for Export-Oriented Businesses Due to Korea’s export manufacturing-oriented industrial structure, many products are designed with export as the primary goal, rather than domestic consumption. To successfully enter foreign markets and prevent imitation by third parties, it is essential to secure patents and trademarks internationally. If you are planning to launch a new…
Maximizing Success in Patent and Trademark Applications We would be thrilled if all patent and trademark applications were approved without complications. However, statistics from the Korean Patent Office show that only about 60% of patent applications and 80% of trademark applications are successfully registered. In addition, most patent applications receive at least one notification of…
When is a Patent Necessary? The intellectual property (IP) registration system was created to prevent the unauthorized use of original technologies, designs, and trademarks, thereby safeguarding innovation. Patents play a vital role in protecting creativity and technological advancements. However, in practice, many small and medium-sized enterprises (SMEs) pursue patents simply because they feel they must,…
Turning Intangible Ideas into Tangible Assets Patent, design, and trademark rights transform intangible ideas into valuable business assets. Once registered, these rights can be transferred, commercialized, or used as collateral for loans. Furthermore, they play a crucial role in enhancing a company’s corporate value. However, unlike other assets, patents and trademarks do not have a…
In Korea’s export-driven economy, the industrial structure heavily relies on manufacturing, which accounts for 30% of GDP, making Korea the top-ranked among OECD countries and 5th in the world. According to a 2015 statistical report, manufacturing exports comprised 86.8% of Korea’s total exports. Given this reality, many companies plan for overseas expansion from the outset…
In today’s world, new technologies rarely emerge without ties to existing innovations. After months of development and planning, many projects face termination due to concerns over patent infringement when new products are found to resemble patented technologies. A Patent FTO (Freedom to Operate) study assesses whether a technology can be commercialized without violating existing patent…
Why do you want a patent? When asked this question, 90% of people say, “to protect their technologies and ideas.” However, the remaining 10% answer, “because it is necessary for business.” While the original purpose of patent rights is to protect and promote technological invention, modern patent law serves a broader purpose. For example, the…