NEIGHBORING CONCEPTS OF A KOREAN TRADEMARK
Trademark and trade name
A Korean trademark is an affixed mark that distinguishes one's goods from those of another, thereby preserving the identity of the goods. It may consist of symbols, characters, diagrams, a combination of these, or a combination of colors of these. A trade name is a name used by a merchant (legal equity or individual) to indicate his/her service business and to maintain its identity. A form of personal name, the trade name is depicted and formed by characters, and must be used in the case of companies.
To address the international trend of trademarks composed of a trade name, or vice versa, a trade name may be used as a trademark in accordance with the Corporate Identification Program. A trade name used for a product mark may be protected as a legal trademark if it is registered in accordance with the requirements of a trademark registration. This growing number of trademarks composed of trade names will likely result in overlapping cases between two parties.
Trademark and geographical indication
While a trademark identifies a "specific business subject" providing goods or services, a geographical indication identifies the "specific region" of origin of goods and/or the characteristics of a specific region the goods possess. A geographical indication enables one business to exclude other competitors from using a certain mark, but unlike a trademark, it has no "exclusive owner."
Both a trademark and a geographical indication have the function of representing the origin and quality of goods, relating to business profits and receiving protection under the scope of intellectual property. Based on these similarities, some countries protect geographical indications as a trademark under a trademark and geographical indication protection act; other countries protect geographical indications as a collective mark or certification mark under a trademark act.
In the Republic of Korea, geographical indications have been protected as a collective mark under the Trademark Act (Act No. 7290) since July 1, 2005. Under the act, if a product has a specific quality, reputation, or characteristic originating from the geographic characteristics of a region such as the climate, soil, or topography of the region, or personal conditions like traditional production methods, the geographical indication denotes the region in which the goods are produced, manufactured, and processed.
Trademark and domain name
A domain name refers to the Internet Protocol address (IP address) of a website used to identify the location of the host server as well as ownership of the website. Trademarks indicate the source of goods, while domain names indicate the host server of a website. Thanks to the emergence of e-commerce, the domain name itself also serves as an indicator of the origin of goods or services. Cyber-squatting, the practice of registering another's trademark and then selling that trademark to the rightful owner at a higher price, has become more frequent across the internet leading to an increase in disputes over trademarks and domain names.
In the Republic of Korea, the registration of a trademark does not in principle grant its owner the right to register a domain name corresponding to the trademark or vice versa.
Read more about Korean Trademark here :
Korean Trademark System
- Neighboring Concepts of a Korean Trademark
- Information on Trademark Applications in Korea
Application Procedure for Trademark in Korea
DAEILPAT
Trademark
Many foreign companies entering the Korean market often overlook the importance of registering their brand or logo as a trademark. This oversight can lead to potential legal issues such as piracy or infringement, which could have been easily prevented by seeking expert advice and registering their trademark. Conversely, numerous industry leaders understand the significance of securing full protection for their brand and products or services through successful trademark registration, contributing to their overall success.
To enhance brand value and streamline the process, foreign clients ranging from individuals to well-established market leaders are seeking guidance from DAEILPAT's Trademark attorney. What sets our service apart is our strategic counseling and proactive approach at every step, ensuring a comprehensive trademark registration. This enables our clients to benefit from a cost-effective and tailored service that significantly reduces the lengthy and expensive registration process, without unnecessary delays or additional expenses.
Learn more about Trademarks Registration and Protection in Korea
Our Expertise
DAEILPAT’s great strength in Trademark is brought by the experts with unrivalled professionalism in our team. Our trademark attorney consists of excellent talents who are a pioneer in developing unprecedented trademark ideas, a true veteran with extensive knowledge and experience as a examiner at KIPO and IP specialists with more than 10 years of experience. We are fully competent in handling any cases in both Korean and English, and our network of foreign agents allows us to offer a fuller service for both domestic and international clients.
We offer a full suite of Trademark services including strategic counseling, analysis of trademark trends, prosecution, handling of oppositions and cancellation actions, domestic and international disputes, negotiations and coexistence agreements and many more. Our thorough and in-depth analysis and reports guide our clients to effectively select and leave out specific elements of their mark to increase the chance of registration. Moreover, we showcase total transparency by offering timely updates through a transparent reporting process and keep our clients up-to-date with deadlines and proceedings without any error and omission.
