A brand refers to names, logos, and slogans specific to a company. They are used to market the company's products and differentiate it from its competitors. For example, the ‘swoosh' and the phrase "Just Do It" are both well-recognized components of Nike's brand.

Protecting these brand identifiers begins by registering your trademarks with the U.S. Patent and Trademark Office. But you might be in for a surprise when you enter into new markets outside your home country.

According to the U.S. Commercial Services, one of the most frequent intellectual property problems facing foreign businesses in Korea is trademark protection.

Korea (North and South) is a member of the Madrid Protocol, which allows companies from the member nations to apply for trademark ownership in several member nation countries simultaneously. For example, in Korea, a U.S. company can register their trademark and patents with the Korea Intellectual Property Office (KIPO). Foreign applicants are required to retain a licensed local attorney in order to prepare applications in Korean and to conduct necessary follow-up correspondence locally.

How and where to register Your IP in Korea
Registering your trademark is done by submitting an application to the KIPO. The following documents and papers are required for filing a trademark:
1) Name and address of the applicant;
2) the applicant's signature;
3) Power of Attorney, which must have an applicant's signature on it; and
(4) 10 copies of the trademark.
In addition, the applicant must prepare a detailed list of goods that will be covered under the mark.

Note: be prepared to register the trademark in every applicable product class category for the product(s). If the trademark is challenged, protection may not be provided if it was registered in the wrong product class category.

Unlike the trademark registration system in the United States, which is based on "first commercial use" or "first intent to use," the trademark registration system in Korea is based on "first-to-file," or rather, first to successfully register with KIPO. If you do need to enforce a legally registered copyright, trademark, or patent, contact your attorney or the Prosecutor's Office in Korea.

Local language and attorney
Since registration of trademarks is in Korean, in order to successfully register a trademark, seek the expertise of a local attorney who is familiar with registration procedures. Further, have legal documents translated from Korean into your target language by a professional translator.

Find out more
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SOURCES:
U.S. Commercial Services