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| HOME >Korean IP basics> Trademarks |
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A trademark
is a sign or mark that distinguishes what one
produces, manufactures, or sells from another
entity's goods. It is made up of a sign, a character,
a figure, or a 3-dimensional shape (or the combination
of these and their colors) that differentiate
one's own product from those of others. Trademarks
are attached to products so that consumers can
easily identify products' manufacturers and
sellers in the marketplace (as indicator of
the products' origin) - acting as vouchers of
the products' authenticity and aiding in maintaining
consumers' trust.
Service marks and collective marks follow the
same principle:
Service Mark
A service mark is used to distinguish services,
instead of goods, of a service provider, e.g.,
an advertising company, a financial services
provider, a restaurant, etc.
Collective Mark
A collective mark involves the use of the same
trademark/service mark by members of a collective
group or organization, indicating membership
in a union, an association, or a cooperative.
For example, AFL-CIO is a collective mark used
to indicate membership in the US union body.
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-(1) Full particulars
of applicant(s), the trademark, the designated goods
and class thereof;
-(2) Clear specimen of the trademark;
-(3) Priority data including filing date, application
number, country name, if priority is claimed;
-(4) Certified copy of a priority application, if priority
is claimed; and
-(5) A simply signed Power of Attorney
The applicant must indicate the "class" of
goods /services that the applied trademark/service mark
belongs to. (The classes are product/service categories
established by the NICE classification system, the international
classification of goods and services under the NICE
agreement. For a full description of the NICE system
and list of categories, please, visit WIPO's NICE section
here.) If your product/service does not fall under any
given category, a short designation indicating its use/purpose
and features/what it does is used in its stead.
The applicant can choose goods/services within any single
category without having to pay additional fees.
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Substantive examinations
for trademarks occur without an explicit request for
an examination, unlike for patents.
Trademarks that fall under the following are not considered
registerable:
- A commonly used designation for the product, e.g.,
"Boots" for a footwear product.
- Word(s) that describes the product's characteristic
or quality (e.g., "Thirst-Quencher" for a
beverage product), its raw materials, or a generally-associated
place of origin/geographical location (e.g., "Vermont's
Maple Syrup").
- Description(s) composed solely of geographical name
(e.g., The Seattle Coffee) or a (graphical) mark that
is, essentially, only a map.
- A person's common surname only, unless it has been
extensively used in association with the product (e.g.,
"Barclays Bank" for the British financial
institution).
- A common symbol or symbols (e.g., the "H"
symbol generally used for hospitals).
- Trademarks that violate public moral standards.
- Trademarks that include a prominent, recognizable
name without permission (e.g., celebrity's name).
- Trademarks that are identical or similar to another
person's trademark that is well-known among consumers.
Estimated Period
Currently, the examination is completed approximately
8-9 months after the filing date of the application.
Publication of the Application
If the examiner cannot find a reason to refuse the
application, the examiner's office makes public the
application in the Trademark Publication Gazette (the
examiner office's declaration of intent that the registration
will be approved). From the date of publication, a third-party
has 30 days to file a "notice of opposition",
an objection that states reasons why the trademark should
not be registered.
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After the publication
period (of 30 days) is completed, the examiner's office
sends a copy of the decision for registration to the
applicant, and once the registration fee is paid, the
trademark (the ownership rights) becomes active due
to the already-established registration. The owner of
the trademark has exclusive rights to the use of the
trademark, which is protected under both civil and criminal
jurisdictions. The registration is accompanied by a
issuing of a registration number, and the trademark
symbol can be attached to any packaging and advertising
materials.
From the date of registration, a trademark lasts for
10 years, which can be renewed every 10 years thereafter
to maintain ownership.
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