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KONG & YOU
keeps you informed.
Support program notices, patent trends and firm news,
updated regularly.
Patent Attorney Woosang Kong’s columns and media appearances are also collected here.
Support Program Notices
We collect IP support program notices
from Regional IP Centers across Korea.
Before you apply, ask KONG & YOU what to prepare.
Select a notice to see its full text and list of attachments. Applications are made through the RIPC support program application system of each Regional IP Center.
Firm News
Firm news, trial and litigation cases,
and stories featured in the press.
Cooperation agreement with the Seoul Pharmaceutical Association on IP and digital transformation
Combining pharmacy and intellectual property to strengthen future healthcare competitiveness
Recent News
Ourhome drops its ‘Gussi Banga’ trademark — Woosang Kong, Managing Partner Analysis(new window)
KONG & YOU and Dongseonambuk release the survey “Trend Compass: Perceptions of Generative AI Advertising”
Hyundai E&C’s ‘Apgujeong Hyundai’ trademark — Woosang Kong, Managing Partner Analysis(new window)
Third-party information submitted (seeking refusal) against the ‘Medikingdom Pharmacy’ trademark application for the Seoul Pharmaceutical Association
KAIFI sues Apple for patent infringement — Woosang Kong, Managing Partner Analysis(new window)
Past News
Samsung Electronics files the ‘Jet Fit’ trademark — Woosang Kong, Managing Partner Analysis(new window)
Ministry of Oceans and Fisheries refiles the national seafood brand ‘K·FISH’ — Woosang Kong, Managing Partner Analysis(new window)
Selected as an implementing agency for the Chungnam IP Center trademark filing support program
Win in a scope-of-rights confirmation trial
Boxful wins a ministerial award at ‘K-Startup’, Korea’s largest startup competition
Win in a non-use cancellation trial
Win in an opposition
Selected for the IP Service Growth Support Program
Rated S grade as a KISTA partner institution principal researcher
Women-owned Business certification obtained
Patent Attorney Woosang Kong receives a plaque of appreciation
Selected as dedicated IP firm for Kongju National University
‘KONG & YOU Patent & Trademark Law Firm’, helping lead Korea’s leap to an IP powerhouse
Trademark registration in Thailand
Columns
Patent Attorney Woosang Kong explains trademark and patent disputes
in the news, in plain language.
- “Proof of Existence”·Trademark‘It all comes down to timing’: what the Grip Tok trademark invalidation ruling meansSparked a year ago by settlement demands against small businesses for infringement… even a valid trademark is extinguished once it becomes a generic name
- “Proof of Existence”·TrademarkWhy restaurants in Chowol-eup received a wave of trademark warning lettersThe ‘Chowol’ trademark owner sent warning letters to restaurants in Chowol-eup… well-known geographical names, trade practice and prior use offer defenses
- “Proof of Existence”·TrademarkMBC vs. KBS fight over a trademark before the election: what will the court ‘choose’?MBC has used ‘Choice’ in election broadcasts since 1992 and holds the trademark… KBS files a negative scope-of-rights confirmation trial over ‘Choice 300’
- “Proof of Existence”·TrademarkHow can recipes like ‘Deopjuk’, coffee-bean bread and potato bread be protected?Highlight what sets them apart from existing methods… register new shapes and names as designs and trademarks as well
- “Proof of Existence”·TrademarkThe ‘Grip Tok’ trademark dispute: key issues in the invalidation trialA mark that represents the goods or is a commonly used word may be invalidated… the timing of extinguishment also matters
- “Proof of Existence”·TrademarkWhy are luxury-goods reforms and upcycling trademark infringement?Whether the identity of the original product is impaired and whether it is resold are key… the Supreme Court’s final ruling is awaited
- Column·Design & CopyrightThe Smiley mark — copyright and trademark rights
- Column·TrademarkThe Grip Tok trademark issue — ask KONG & YOU
- “Proof of Existence”·TrademarkUsing a ‘beaming’ smiley mark carelessly can infringe trademark rightsMany smiley marks are registered… even if you modify one, always check registrations before use
- “Proof of Existence”·Trademark‘Grip Tok’ and ‘Botox’ are registered trademarks?Filed by iBuster and Allergan… it is safest to avoid using them, or to file an invalidation trial and follow the outcome
- “Proof of Existence”·TrademarkSamsung Electronics’ AI is named ‘Gauss’ — or ‘Gais’IT companies race to secure AI trademarks… for overseas expansion, an English mark works better than one paired with Korean
- “Proof of Existence”·TrademarkCan buyers of counterfeit luxury goods be punished?Sellers of counterfeits are punished under the Trademark Act and the Unfair Competition Prevention Act… some countries also punish buyers
- “Proof of Existence”·PatentHow can patent rights be secured for ‘LK-99’, the claimed room-temperature, ambient-pressure superconductor?In Korea, file within one year of publishing the paper; abroad, follow each country’s rules… employee invention disputes are also possible
- “Proof of Existence”·TrademarkHow should the FIFTY FIFTY trademark dispute be resolved?Most of the marks filed by both sides are likely to be refused… building a well-known mark requires both sides to work together
- “Proof of Existence”·TrademarkWhy Apple picks fights with apple trademarks worldwidePreventing dilution of a famous mark is the rationale… deliberate litigation deters similar marks
- “Proof of Existence”·Trademark‘Register first, think later’: the problem with Korea’s trademark systemA surge in filings has doubled examination times… unnecessary preemptive filings limit others’ choices
- “Proof of Existence”·TrademarkWhy the idol group H.O.T could keep its nameThe former agency head filed the mark in 1996, right after the debut… the right was invalidated as a mark likely to deceive consumers
- “Proof of Existence”·TrademarkWhy ‘Burberry check school uniforms’ infringe trademark rights, not design rightsA design that indicates the source of goods is use as a trademark… trademark rights can last indefinitely through renewal every 10 years
- “Proof of Existence”·TrademarkHow the law remedies trademark infringementCriminal penalties of up to 7 years’ imprisonment or a fine of up to KRW 100 million… civil provisional attachment, injunctions and damages are also available
- “Proof of Existence”·TrademarkWith ‘Supreme’ close to registration in Korea, will counterfeiters be cracked down on?Long refused for lack of distinctiveness but already registered in the US and Japan… distinctiveness acquired through use recognized
- “Proof of Existence”·TrademarkCan ‘Kim Eo-jun’s News Factory’ be registered as a trademark?Whether ‘News Factory’ is found distinctive is key… given current examination times, a decision is expected in spring 2024
- “Proof of Existence”·PatentWhy former professor Kim Jin-soo of the ‘gene scissors patent’ was found guiltyHe transferred the inventions to his own company without reporting them as employee inventions… failing to follow advance assignment rules constitutes breach of trust
- “Proof of Existence”·PatentCan a former Naver employee win an employee invention compensation lawsuit?Whether the patented technology was practiced and whether the compensation paid was adequate are key… the time and cost of litigation are hard to bear
- “Proof of Existence”·TrademarkWhy BIGHIT MUSIC was refused registration of BTS’s ‘Borahae’A word coined by V… BIGHIT can register it only if he clearly states he will not use it as a trademark
- “Proof of Existence”·TrademarkCan the slogan “Because I’m worth it” be a trademark?It can be filed if it is distinctive and granting exclusive rights is appropriate
- “Proof of Existence”·TrademarkWill Nike’s NFT trademark lawsuit succeed?Trademark rights are exhausted once a legitimate purchase is completed… disputes are likely to continue until enough case law builds up
- “Proof of Existence”·TrademarkThe ‘special circumstances’ that let Haeundae Amso Galbi register its trademarkWell-known geographical names and non-distinctive food ingredients are in principle unregistrable… long use established distinctiveness
- “Proof of Existence”·TrademarkWhy Dunchon Jugong Apartments cannot become ‘Olympic Park Foreon’Under the Trademark Act, the name and its abbreviations may not be used except for non-profit purposes… the Committee has registered Olympic trademarks
- “Proof of Existence”·PatentA patent attorney on the reality of utility models in ‘Extraordinary Attorney Woo’Assessing infringement requires registration, not just filing… even a ‘minor invention’ with a modest inventive step can be registered as a utility model
- “Proof of Existence”·TrademarkWhy Samsung Pharm could register, but Samsung Publishing could notA mark must not cause public confusion over the same mark or goods… a mark not used as registered can also be cancelled
- “Proof of Existence”·PatentWhy Korea has not become an ‘IP-advanced nation’Patent infringement damages are far lower than in the US and other advanced countries… enhanced and punitive damages are ‘positive changes’
- “Proof of Existence”·TrademarkHopes and concerns for Son Heung-min’s brand ‘NOS7’If the mark in use differs from the mark as filed, it may be open to cancellation for non-use
- “Proof of Existence”·Design & CopyrightWhy design patents are as powerful as invention patentsLow filing and registration costs and short examination periods… a relatively high success rate is an advantage
- “Proof of Existence”·PatentThe patents behind the ‘dawn delivery era’Amazon, Alibaba and Coupang hold many delivery and storage patents… total IP holdings are ‘directly tied’ to competitiveness
- “Proof of Existence”·Patent‘Employee inventions’ through the FinFET patent of science minister nominee Lee Jong-hoKorea follows the inventor principle, which protects the weaker party… an employer must pay fair compensation to take over the rights
- “Proof of Existence”·TrademarkCan trademark rights be protected in the metaverse?Similarity in the virtual world and whether transactions take place are key… revisions to the relevant laws need to be discussed
- “Proof of Existence”·TrademarkWhy was the ‘10-year tradition’ jeotgal sommelier trademark invalidated?The registered mark later became a generic name… display it as a registered mark and use it alongside the product name
- “Proof of Existence”·TrademarkWhy BBQ lost ‘Genesis’ to Hyundai MotorHyundai won most of its trademark cancellation actions… non-use for three years or more meets the requirement for cancellation
- “Proof of Existence”·TrademarkWhy OB Beer quietly renamed its new ‘Raon Wheat Ale’A prior mark ultimately forced a brand renewal… make active use of accelerated examination when eligible
- “Proof of Existence”·PatentWhy Samsung Electronics is sued for patent infringement in the US every weekThe influence of strong US pro-patent policy… companies considering overseas expansion must conduct ‘infringement analysis’
- “Proof of Existence”·TrademarkCan Christmas and Santa Claus be registered as trademarks?‘Christmas’ alone is difficult but can be registered in combination with other words… ‘Santa Claus’ can be registered on its own
- “Proof of Existence”·TrademarkWhy Nike has stayed No. 1 in the world for seven years runningAs many as 10,000 patents and designs… constant development such as the Waffle sole and Air cushioning is the secret
- “Proof of Existence”·TrademarkLegal issues around Facebook’s name change to ‘Meta’Securing the Meta trademark worldwide will take astronomical effort and cost
- “Proof of Existence”·TrademarkSnow Beer wins over Sulwhasoo and finally enters KoreaBlocked by broad filings made to prevent dilution of a famous mark… an agreement with separate conditions likely exists
- “Proof of Existence”·Design & CopyrightCan the tracksuit design in Squid Game be protected?Exclusive copyright use of Squid Game itself is limited… Netflix filed trademarks aimed at related merchandise
- “Proof of Existence”·TrademarkWhy is Starbucks so aggressive in trademark litigation?Troubled by a flood of similar marks that matches its popularity… similarity is judged by consumer perception
- “Proof of Existence”·Design & CopyrightHow to respond to font copyright disputesTypefaces themselves are not copyrighted works, but font files are protected… typefaces have been protected as designs since 2005
- “Proof of Existence”·PatentHow LG Styler delayed Samsung’s AirDresser launch by seven yearsMore than 100 patents delayed a competing product… a ‘design-around’ achieved the function with different technology
- “Proof of Existence”·TrademarkWho should own an idol group’s trademark?The relationship between Korean idols and their agencies must be considered… idols’ consent is needed ‘to protect personality rights’
- “Proof of Existence”·TrademarkHow Steve Jobs’ ‘Apple’ swallowed the Beatles’ ‘Apple’The Beatles founded the record company ‘Apple’ first, in 1968… judged by the likelihood of dilution of a famous mark
- “Proof of Existence”·TrademarkThe fix for the Young Tak trademark dispute: ‘a glass of makgeolli’Neither side can easily claim ownership of the trademark… a broad-minded compromise is ‘best’, rather than a legal fight
- “Proof of Existence”·TrademarkCan BTS, Jung Woo-sung and Yi Sun-sin be registered as trademarks?Whether fame is recognized depends on the time of registration… a mark taken by others can be recovered by actively making your case
- “Proof of Existence”·TrademarkWhy registering a trademark is not ‘the end’Rights can be extinguished through a ‘non-use cancellation trial’… check that you use the mark consistently within the scope of identity
- “Proof of Existence”·TrademarkCan Samsung’s and LG’s ‘QLED’ be registered as a trademark?Samsung presses on while LG turns to QNED… registration requires clearing the distinctiveness barrier
- “Proof of Existence”·TrademarkHow to keep your trademark from being taken by Chinese brokersThey preempt famous Korean marks and sell them for KRW 5 million each… use simultaneous filing and priority claims
- “Proof of Existence”·PatentWhy does the US support waiving IP rights for COVID-19 vaccines?Under ‘territoriality’, patent rights arise separately in each country… exceptions are possible in national emergencies
- “Proof of Existence”·TrademarkWhy did Shinsegae Group file a trademark for a gorilla resembling Chung Yong-jin?How large companies preempt trademarks… comprehensive filings from the idea stage to renewed versions
- “Proof of Existence”·Trademark‘RtA’, ‘Nenemtin’, ‘IdH’: the heyday of Korean letter-play (Yaminjeongeum) trademarksAltered forms of existing words, sounds, three-dimensional shapes and building exteriors can also be registered as trademarks
- “Proof of Existence”·Trademark‘Conglomerate vs. public corporation’: who will own the name LX?Two Roman letters are in principle not distinctive… LG Hausys, with overlapping business areas, is another variable
- “Proof of Existence”·TrademarkWhy you must register your trade name as a trademark before starting a businessThe easily confused difference between trade names and trademarks… a trade name registered as a trademark gives nationwide exclusive rights
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Media
On radio and YouTube,
we talk about trademarks and patents.
“This Morning 1Radio” — “This isn’t trademark infringement?”
Appearances
- MBC “Live Morning Show Today”Chowol trademark interview
- SBS Subusu NewsGrip Tok interview
- KBS “This Morning 1Radio”Grip Tok trademark interview
- KBS “This Morning 1Radio”Apple trademark interview
- 3PRO TVInterview on the Samsung Electronics patent troll case
- KBS 1RadioAppearance on “Gyeong-yeong Choi’s Strongest Current Affairs”