KIPO

Protection of well-known foreign trademarks

Well-known or famous trademarks are protected, regardless of whether they are registered under the Trademark Act or not, by restricting the registration of an identical or similar mark. An application for the registration of a similar mark filed by a person other than the owner of the trademark will be rejected; and, if the registration is erroneously granted, it will be subject to invalidation.

Registration of a similar mark will also be rejected even if the goods of the trademark application are not identical or similar to those of the well-known trademark due to the possibility of misleading the consumers about the origin of the goods. Furthermore, an interested party may request a trial or invalidation of registration of a similar trademark.

Under the revised Trademark Act in effect since March 1, 1998, the registration of a trademark shall be refused when the application is made for unfair purposes, such as the aim of free-riding on the reputation of the marks which are well-known in the Republic of Korea.

In addition to the Korean Trademark Law, the Unfair Competition Prevention Act also provides protection of well-known trademarks. Any person who is, or is likely to be, injured by acts of unfair competition such as acts causing confusion with another person's goods or business facilities by using an indication identical with or similar to another person's name, trade name or marks, including well-known trademarks, may bring a civil action before the court seeking an injunctive relief, monetary damage and/or restoration of injured business reputation or goodwill. Furthermore, the Law also set forth criminal provisions.

• Last updated 30 SEPTEMBER 2016
• Trademark Examination Policy Division