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Type Trademark
Writer Darren
Date 8 Oct 2008, 05:25:22
File
 
Subject trademark protection / registration
Content Dear Sir
 
We are the parent company of a bicycle component and accessory brand. We have already registered and trademarked our brand in USA, Europe, South Africa & Australia and are in the process of registering our trademark in other countries as well.
 
We have just been informed that a someone in Korea is trying to register & trademark our brand name, identity, logo, etc without our consent. We do no yet have any representation in Korea, and as such, we would like to know whats invloved with the following:

  1. how do we prevent this other party from registering our trademark without our consent - how do we do this from USA? 
  2. we would like to register our trademark in Korea - how do we do this from USA? What forms do we need to fill out, etc?

Any assistance you can provide us would be greatly appreciated.
 
Thanks and regards
DARREN
Reply Dear Mr. Darren,

To protect your business in Korea, you should first register 
your business names and trademarks in Korea. The patenting process is 
similar to that which you experienced in other countries such as Australia. 

Under Article 5 of the Patent Act (as under the Trademark Act), 
when you initiate any patenting procedures in Korea, 
you should appoint a representative 
who has a residential or business address in Korea. 

There is a prescribed form for filing a trademark application. 
The application includes the name and address of the applicant and the agent, 
the trademark, the list of designated goods and the class of goods. 
You can find more detailed requirements under Article 9 of the Trademark Act, 
which is available in the Information and Documentation section of 
our English Web site. 

To oppose the registration of a trademark that you consider unreasonable, 
the Trademark Act stipulates several options. 
Under Article 22(3) of the Trademark Act, anyone can submit evidence 
regarding an unacceptable trademark registration. 
Article 23 of the Trademark Act stipulates the reasons 
for refusing an application. In addition, under Article 25 of the Trademark Act, 
anyone can file an opposition to an application 
with the Korean Intellectual Property Office 
within 30 days of the application having been published. 

Sincerely, 
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