KIPO

Collective mark right for a geographical indication

Concept

"Geographical indication" means an indication used to identify goods produced, manufactured, or processed in a specific area in cases where a certain quality, reputation or other characteristic of goods has essentially originated from such specific area.

Requirements

[Substantive Requirement] Conformity to the definition of geographical indication under the Trademark Act

Protection by a geographical indication is limited to goods; this includes agricultural goods, marine products, processed goods, and industrial products (especially handicrafts), with the exception of service.

A geographical indication applies to the geographical origin of the goods and indicates the name of a place in which the goods are produced, manufactured, and/or processed. It is not limited to the name of an administrative district and does not require that goods must be produced, manufactured, and/or processed in the same region.

Specific quality, reputation, or other characteristics of the goods are required. The quality, reputation, or other characteristics of the goods produced, manufactured, and/or processed in a specific place must be differentiated from goods produced, manufactured, and/or processed elsewhere.

The basic correlation between characteristics of the goods and the geographical environment is required. A geographical indication is based on the geographical environment including natural conditions (e.g. climate, soil, topography) or personal conditions (e.g. specific production method) as well as the quality, reputation, or other characteristics of goods which are produced, manufactured, or processed in a region.

[Subjective Requirement] Establishment of a group with corporate personality composed of producers, and preparation of articles of association

An application to register a collective mark for a geographical indication shall be filed by groups (producer group, processor group, etc.) with a corporate personality that consist only of persons who produce, manufacture, or process goods corresponding to the geographical indication of a certain region. An application filed by an individual, companies under Commercial Law, or groups without a corporate personality shall not be registered.

[Procedural Requirement] Submission, examination and registration of filing documents and documentary evidence

To register a collective mark as a geographical indication, a legal entity such as a producer group qualified to file shall prepare and submit the required application to the Korean Intellectual Property Office together with documentary evidence validating its qualification as a geographical indication, the registration fee, and the registration decision of an examiner.

Effect

A collective mark for a geographical indication excludes any third party from registering a trademark or a collective mark as a geographical indication which is identical or similar to a registered collective mark for another geographical indication. When a person in another region uses a mark which is identical or similar to the registered geographical indication on the designated goods, he/she may assume civil and criminal liability for infringement of trademark rights.

The collective mark right for a geographical indication does not apply to marks which are customarily used for goods identical to the designated goods for the registered collective mark for a geographical indication; or a geographical indication or a homonymous geographical indication used by a person who produces, manufactures, or processes goods related to a geographical indication in the relevant region.

• Last updated 30 SEPTEMBER 2016
• Trademark Examination Policy Division