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. See: For Korean Intellectual Property Law Protection Strategies.
We wrote many articles on this issue. Please checkout our IP Law Archive at: Korean Intellectual Property Law Archive
If you would like a consultation with an attorney, please Schedule a Call.
- Korean Intellectual Property Protection Strategies in Korea: Trademark Law Korea
- Trademarks Registration in Korea: Don’t Just Trust Us
- Searching Trademark & Service Marks in Korea: Register your Trademarks/Service Marks Prior to Doing Business in Korea
- Protecting your Intellectual Property Rights in Korea: Avoid “Trying Different Things & Smoking Funny Things”
- Protecting Products from Parallel Imports into Korea: Trademark/IP in Korea?
- Attaching Assets in Korea: Security on Movable Property and Receivables in Korea
- Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean Courts May not be the Answer
- Korean Patent Law’s Trade Secret Protection: Amendment to Trade Secret Law in Korea
- Korean Trademark Act Revised: Korean Trademark Act of 2017
- Korean Trademark Act Amendments for 2022