BKIP Limited


International trademark applications is essential Dec 2018
Why should I apply for an overseas trademark?
It has long become a story that the world is becoming a single market, but now it is a border that anyone can sell products directly to foreign consumers due to the activation of e-commerce on the Internet. However, since 'independence principle of each country' applies to industrial property right such as trademark right, having trademark rights status in Korea does not protect itself in other countries. In other words, even if a trademark is registered in Korea, its effect is only in Korea. Therefore, if a third party obtains the same trademark in advance in a foreign country, the trademark may not be used even if the trademark is registered in the Korean Intellectual Property Office. As a result, you have to export your products using different brands than those you originally used, and it will be a hurdle to change your product line, which will be a stumbling block to global brand recognition. Recently, not only has Korea expanded its trading partners, but also the nation's higher status has led to a case in which the brand of Korean companies is registered in advance by locals. Therefore, if a product has a foreign export plan, it should at least consider acquiring the trademark right in the export forecast country.
How to register a foreign trademark
There are two ways to register trademarks in foreign countries. First, it is a method to make a separate application by asking the agent of the relevant country for each country. The other is to use the international registration system by the Madrid Protocol. As Korea joins the Protocol from April 2003, if the trademark is registered in the International Office (WIPO), the same effect as registered in each designated country is obtained.
In the case of a trademark application under the Madrid Protocol, it shall be based on a domestic trademark registration or application. Because a single application is accompanied by a procedure in several designated countries at the same time, it is recommended in a fairly economical way in terms of procedures and costs when considering trademark registration applications in different countries. However, if a domestic application is rejected, all countries that apply for the application will also be rejected (central attack).
Under the Madrid system, applicants need a strategic choice because they cannot refund the fees paid even if the trademark is rejected. In addition, you must select a trustworthy trademark agent and search the application registration data of the corresponding country to see the possibility of registration.