The Reason Anyone Can Use Choco Pie

[Photo provided : imagetoday]

By hearing a word Choco Pie everyone would think of a snack in the form of a round bread cake with chocolate coating on it and marshmallows inside. Initially Choco Pie was a trademark of newly made snacks but it became a commonly used mark as the competing companies failed to properly respond to the use of the name Choco Pie as the product name.

In May renowned pharmaceutical company Allergan Aesthetics delivered a unique cooperation notice to the media. The notice explains that the name of the drug which is recently in dispute among Korean pharmaceutical companies is Botulinum Toxin not Botox and it requested to use the name in related reports in the future.

The Korean Intellectual Property Office (KIPO) said it requires careful attention from trademark holders to prevent their trademarks to be commonly used trademarks.

The commonly used mark refers to a phenomenon that the trademark of a specific person which became so famous because other companies or consumers in the industry freely used the trademark.

In this case the trademark is no longer be able to indicate whose product it is and may not be able to claim the trademark right even if the trademark is registered.

Like this trademarks used in a new type of products are more likely to be commonly used marks. This is because consumers tend to refer to unfamiliar new products as trademarks instead of product names.

In order to prevent trademarks to be commonly used trade marks it is important for the trademark holder to actively manage the trademark so that the trademark and the product name are clearly distinguished.

First of all if another person uses a trademark as a product name without permission it is necessary to promptly request a prohibition of trademark infringement or if necessary it is needed to control the indiscriminate use of the trademark by claiming damages caused by infringement.

At the same time if a consumer or the media uses a trademark as a product name it is also important to inform consumers and the media of a separate product name and the fact that the name is a trademark by continuously promoting it.

I hope that trademark holders to keep in mind that actively managing the trademark so that the product name and the trademark can be clearly distinguished is essential to protect their trademark said Mok Sung-ho director of the Trademark and Design Examination Bureau at the Korean Intellectual Property Office.

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