BKIP Limited

COPYRIGHT BKIP 2019
Registration of Trademark company name vs. individual name Mar 2019
1. When filing a trademark application in personal name
In this case, since the trademark right is owned by the individual, the procedures such as the transfer of the trademark right and the permission of the license are relatively easy.
In addition, the advantage is that it is not particularly affected by the disappearance of a corporation or the change of representatives.
2. When filing a traemark application in the name of a corporation
Trademark rights are owned by the corporation itself. In this case, the trademark right is taken as the assets of the company on the financial re-representation, and procedures such as transferring and granting the license are relatively complicated.
3. When filing a trademark application for a corporation related to franchise
The KIPO has the following guidelines to prevent merchants from suffering damage. The following trademark applications may be rejected or registered during the review process:
1) A franchise trademark used by the affiliate headquarters to which a special person such as a representative, etc.,
- It is rejected because the related person (such as the representative) has applied for the purpose of monopolizing the trademark.
- If you are filing in the name of a corporation, you can register.
2) In the case that the franchisor was converted into a corporation after the trademark was obtained as a private business operator, a franchise trademark applied by a related person, such as a representative, after the conversion of the corporation.
- It is refused because the person concerned is a monopoly of the trademark.
- If the applicant is changed to a legal entity, it may be registered, and in this case, the preceding trademark which has become a personal name must also be transferred before registration.
3) A trademark that is applied by a representative of the franchisor by designating service as a 'franchise' while applying for a new trademark that is not related to a franchise trademark in operation.
- If a related person submits a plan to operate the business separately from the current member headquarters, it may be registered.
- Otherwise, it must be changed to a corporation before it can be registered.