Our friends over at the China Law Blog have posted on an intellectual property issue that leads to a good deal of work for the IP Litigation Practice at the Korean office of IPG Legal.
If you don’t want the added cost of litigating a matter in a Korean court, please register your trademark in Korea. Registering in the U.S. and the E.U. is not enough. Your “international filing” only gives you a grace period to file in other nations that have signed onto particular international treaties. Thus, registering your trademarks in Korea and developing an IP protection strategy is essential to protecting your trademarks in Korea. For an article on IP Protection Strategies please see: Protecting my IP in Korea.
For those who have not registered their trademark or service mark in Korea and have an infringer using your trademark or service mark, options exist, but you should act quickly.
As the China Law Blog notes:
“China is a first to file country, which means that, with very few exceptions, whoever files for a particular trademark in a particular category gets it. So if the name of your company is XYZ and you make shoes and you have been manufacturing your shoes in China for the last three years and someone registers the XYZ trademark for shoes, that other company gets the trademark. And then, armed with the trademark, that company has every right to stop your XYZ shoes from leaving China because they violate its trademark.”
Replace the word Korea with China and reread. Korea is, also, a first to file jurisdiction. If you would like a consultation with an intellectual property lawyer in Korea, please schedule a call with a lawyer at: Schedule a Call with a Korean Intellectual Property Lawyer.
- Trademarks Registration in Korea: Don’t Just Trust Us
- Korean Intellectual Property Protection Strategies in Korea: Trademark Law Korea
- Korean Trademark Act Amendments for 2022
- Protecting your Intellectual Property Rights in Korea: Avoid “Trying Different Things & Smoking Funny Things”
- Searching Trademark & Service Marks in Korea: Register your Trademarks/Service Marks Prior to Doing Business in Korea
- Steps to Set up a Business in South Korea
- Protecting Trade Secrets in Korea: Top 5 Things to Know Before Subjecting your Business Secrets to the Korean Market
- Korean IP Infringement Jurisdiction Centralized at Five Korean District Courts and the Patent Court of Korea: Korean Intellectual Property Case Updates
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- Korea has 4th Highest Number of International Patent Applications in the World