The seminar celebrating the
50th anniversary of APPA Korea was held from 2 p.m. to 6 p.m. on
October 29, 2019 at El tower in Yangjae-dong, Seoul. Myung-Shin KIM, the managing
attorney of our firm, gave a presentation with the theme ‘Necessity of an
International Treaty for the Protection of Trade Names’.
In the seminar, Myung-Shin
KIM presented the business status, types of business practice, etc. related to
the registration of trade names all around the world, and asserted the
‘necessity of an international treaty for the protection of trade names’ to
prevent consumer’s confusion between trademarks and trade names.
The proposal is summarized as
follows.
(1) In principle, the registration of trade
names is handled by the central registry office. However, multiple registry
offices can be established depending on the situation of each country.
(2) When examining the new trade name,
the prior-registered trade names in other areas will be examined as
well, and
if the examiner judges that the new trade name causes confusion over the origin
or has unfair
intention, it cannot be registered.
(3) When examining the new trade name,
if the new trade name is identical or similar to a well-known trademark,
causes
confusion over the origin or has unfair intention, it cannot be registered.
(4) If the registered trade name is
identical or similar to the prior-registered trade name, causes confusion
over
the origin or has unfair intention, an interested party can request an
application for cancellation.
(5) A certain term (for example: 20
years) of protection is assigned to the registered trade name, and a renewal
can be processed in order to maintain the registration.
(6) If the trade name passes the
examination, it will be open to public for a certain period of time before
registration so that any interested party can file an opposition against the trade
name.
(7) If the registered trade name has not been used for five or more
years, it may be cancelled through a cancellation
trial based on non-use by an
interested party, and the burden of proof would be on the owner of registered trade
name.
