상표권 등록In order to have trademark rights recognized in Korea,
Trademark registration must first be done according to established legal procedures.
The law seeks to maintain the business credibility of trademark users through this.
In addition to contributing to industrial development, it protects the interests of consumers.
Therefore, if a trademark registration is made with the same content,
Only the person who applied first can register the trademark.
If two or more trademark registrations are made on the same date,
Only one trademark determined by agreement between the applicant and the applicant may be registered.
In that case, anyone who subsequently registers trademark rights must unconditionally
Will I lose my protection?
I think this can be explained through the Supreme Court’s ruling.
The Supreme Court ruled that even if trademark registration was done later,
It is stated that unless it is for an unfair purpose, it cannot be invalidated.
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① Take advantage of the fact that foreign trademarks are not registered in Korea.
Trying to gain unfair profits by taking advantage of the reputation of the trademark being imitated
② Damage the value of the trademark being imitated
③Interfering with the domestic business of a person holding a trademark subject to imitation, etc.
Only when used for the purpose of causing damage to the trademark owner by any means.
The purpose of not allowing trademark registration
In other words, even if the trademark registration was made late, it is unconditionally
It is not invalidated, but the right can be legally protected.
This is setting a standard.
However, despite this emphasis on the importance of trademark registration,
There are still many people who have not gone through proper legal procedures.
There are times when you just use the brand you want.
If someone registers the trademark first,
If the trademark is used late, it is a clear infringement of trademark rights.
Legal liability may apply.
You can’t avoid that responsibility just because you didn’t know better.
Therefore, while asserting one’s legitimate rights,
In order to restrict competitors from using their trademarks without permission,
You must go through the designated trademark registration procedures.
Of course, this requires certain preparation.
We recommend that you seek professional help.
It would be a good idea to discuss the possibility of registration in advance.
And if you want to proceed with trademark registration,
Even if an identical or similar trademark has been previously registered,
Before giving up the trademark and choosing another trademark
It is necessary to check whether the trademark is actually being used.
If it has not been used for more than 3 years since registration, cancellation for non-use
You can cancel the registration of the trademark by requesting a trial.
No matter how smart a person is
The general public cannot clearly know all legal procedures.
That is why there are experts in all walks of life in our society.
We receive professional help when a related problem arises.
Accumulating over 10,000 success cases, we provide client-centered customized services.
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Through clear and systematic progress throughout the trademark registration process,
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Over 10,000 successful registration cases, strong patent application strategy
CHECK successful cases of utility model registration application
The shape/shape or structure/structure of the product that may be used in industry or
Depending on the specific technical purpose, composition, and effect of the combination
Creator of novel, systematically formed technical ideas
The right to protect an intangible design is called a utility model right.
To put it briefly, improving existing products
It refers to the right granted by filing an application for a design that improves practicality and usefulness.
In order to apply for utility model registration,
We mainly look at patent law, and the main content is almost the same. …
How to apply for design registration overseas?
The attitude of the law that determines the scope of its effect on people
If you look closely, you can see the words secularism and secularism.
First, secularism is based on nationality.
It is the principle of applying the law to all citizens of the country (regardless of territory),
Territorialism is based on one’s own territory, regardless of nationality.
It refers to the principle of applying the law to all people within the area.
Basically, in our country, the criteria for judging criminal acts are:
They are choosing secularism, and as a result, the people of the Republic of Korea
If you commit a crime overseas, you will be punished according to our country’s laws. …
