The ABA Section of Intellectual Property Law Landslide Magazine (May/June 2015) has an excellent article entitled: Trademark Tips: Seven Experts Share Their Secrets.
Ashly Boeshe wrote a great comment that is essential for protecting your IP in Asia. Ashly notes, in part, that:
“Trademark owners should take a global perspective when protecting their brands. Whether advertising their products or services online or manufacturing products in a foreign country, trademark owners should not only consider seeking trademark protection in their key markets, but also in countries where infringement runs rampant and relief may be difficult to come by.
Unlike the United States where trademark rights are obtained through use, several other major economic markets are civil code or “first to file” countries. In these jurisdictions, trademark rights do not commence with use, but rather are granted to the first person or entity to file a trademark application or obtain a trademark registration.”
Korea falls into this category. Korea is a “first to file” nation. In most cases, the first to file shall win over a subsequent filer unless, inter alia, the mark is “well-known” in Korea, has not been used for a period of time or you had no business relationship with the holder of the mark.
We wrote many articles on this issue. Please checkout the IP link to the right for more articles on this issue.
- Searching Trademark & Service Marks in Korea: Register your Trademarks/Service Marks Prior to Doing Business in Korea
- Is a Bankruptcy in the U.S. “Effective” on Assets in Korea?: Korean Bankruptcy Law Basics
- Korean Trademark Act Revised: Korean Trademark Act of 2017
- Trade Dress Law in Korea. The Copycat May Catch the Mouse
- Korean Patent Court’s Intellectual Property Infringement Guidelines
- Protecting Products from Parallel Imports into Korea: Trademark/IP in Korea?
- Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean Courts May not be the Answer
- Amendment to Korea’s Intellectual Property Registration System: Korea IP Law Updates
- USPTO & Korean Intellectual Property Office’s New Pilot Program on Classifications of Patents: Korean IP Law Updates
- Establishing Business with Korea via an Agent: Korean Agency Law Basics