Guide to the new Trademark System in the Republic of Korea

March 29 2012 |

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뿇 Sound and Scent Trademark


1. Concept

▪ A sound or a scent which is expressed by a sign, a character, a figure or other visually recognizable constructs, for distinguishing one셲 goods and services from another셲.

▪ Example
- MGM셲 lion roar, Intel







- Almond scent in laser print toner

2. Matters that require attention

▪ The marks should be well-known, as indicating a particular trademark for an entity.

▪ The marks should not be deemed to be descriptive of the inherent nature of the goods or services.
Ex) Sound of a motor vehicle engine (Motor vehicle sales and repair services), Smell of rubber (Tire)

▪ The marks should not consist solely of a simple and ordinary sound.
Ex) The marks consisting of one or two sounds (except in cases where the marks are well-known)


3. Visual expression

▪ Applicant should describe the sound or scent visually in detail.

뼳 Example
a. The mark consists of a male lion셲 roar, which can be heard in the attached file. In the introduction, the loud roar of the lion is heard for about two seconds. After a moment a small roar is heard.


b. The mark is a sound. The mark consists of the following sequence of sounds and notes: a cork pop sound, followed by 3 consecutive chords consisting of the notes E & D, then a reverse cymbal crash, followed by a single chord consisting of the notes A-flat and C effected with digital delay, causing the note to reverberate as two triplets and then fade to silence.


c. The mark consists of the grass smell which occurs when the grass is freshly cut, as the attached sample. The above mentioned 쐅rass means 쐁reeping bentgrass, which is usually used on golf courses, and the 쐅rass smell means the smell which occurs within the hour of the grass being cut by a lawn mower or a sickle.


4. Submission of sample

▪ Sample of sound
- Audio files no larger than 3MB such as MP3, WAV, WMA
- Submission of electronic records such as by a CD or transmission of data

▪ Sample of scent
- Three airtight containers which includes a liquid substance that is more than 30ml
- 30 (or more) scent patches which has been applied with scent substances that are more than 3mg


뿇 Certification mark


1. Concept

▪ A mark intended to be used by the person who wishes to license others to use the mark for certifying quality,
country of origin and production method of other person셲 goods or services.

▪ Example







2. Matters that require attention

▪ The persons who wish to use the mark on their own products or services cannot be granted registration.
▪ The owner of the certification mark should allow whoever meets the requirements of the articles of association to
use the certification mark without discrimination.
▪ The applicant of the certification mark cannot apply for a trademark that is identical or similar to the certification
mark on goods which are identical or similar to the designated goods.
▪ There are limitations on the transfer of right and the right cannot be established as the pledge.

3. Required documents

▪ The documents defining the regulations of use (Articles of Association or Regulation)
- Articles of Association (in case the applicant is a corporate body)
- Regulation (in case the applicant is not a corporate body)

뼳 Essential information

Certification Mark
a. The characteristics of the certificated goods or services
b. Restrictions on breach of terms and conditions
c. Facilities and labor force required for certification, management and supervision
d. Any other information required for using the certification mark

Geographical
Certification Mark
a b c d + e f g
e. The essential correlation of geographical environment and certain characteristics of the goods or services
f. Designated region of the geographical certification mark
g. Standards and maintenance methods regarding the quality of the goods or services

▪ The documents to show that the applicant can certify and manage the quality of goods or services
- Research materials of the university or research agency
- Master셲 or doctor셲 thesis, textbooks, magazines in the relevant field
- Publications issued by the country, local government, public institutions, etc.
- Materials introduced in articles or broadcast program, including an expert셲 assessment
- Any other materials acknowledged as objective by conventional wisdom

뼳 Essential information
a. Inspection standards and methods of the certificated goods or services
b. Facilities and educational background required for certification, management and supervision
c. Management and supervision of the certification mark user
d. Any other information showing that the applicant can certify and manage the quality of the goods or services

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