Trademark

A trademark or trade mark or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.

A service mark or servicemark is a type of trademark used in some countries, for example, Korea, the United States and so forth, to identify a service rather than a product. A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks.

Unlike other forms of intellectual property (e.g., patents and copyrights) a registered trademark can, theoretically, last forever. So long as a trademark's use is continuous, a trademark holder may keep the mark registered with the KIPO by filing renewal registration every ten years, as required.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark.

How to file Trademark Application

In order to file a trademark or service mark application, classes should be categorized and goods or services should be designated for each class. Trademark goods are categorized into at least one of classes 1 to 34, and services are categorized into at least one of classes of .

For example, if you are going to run a coffee bar, it is recommendable to file a trademark with class 30 (tea, coffee etc.) and a service mark with class 43 (coffee store business etc.).

If you received Notice of Rejection from the KIPO

Sometimes Notice of Rejection may be dispatched from the KIPO even for a trademark or service mark which is commercially in use. The grounds for rejection might be easily overcome in some fortunate cases, while investigation of lots of precedents could be required in other cases. In the latter cases, preparing argument and amendment can be difficult as an ordinary person, thereby it is recommendable to consult with a professional patent attorney. Please contact einpat@einpat.com if you need a professional help.