How to utilize first-to-file rule in trademark

Trademark law forum : The need of first-to-file rule [Photo provided = KIPO]

The Korean Intellectual Property Office (KIPO) requested the utilization of the firs-to-file policy to secure trademark and prevent damage from not registering trademark. Korean law ensures trademark to the first to register.

2019 November a third person applicated trademark of ‘Pengsu’ but the KIPO rejected the registration since they judge the intention to be impure. Also same year in January trademark of ‘Boramtube’ was applicated and was rejected after the actual channel owner submitted a formal objection. It is because the trademark law has its object in protecting credit and benefit of trademark users to promote develop in industry.

The office stresses the importance of application to secure rights and it is safe to make it in a developmental process of a business.

The first-to-file rule has a strength in legal stability since its effect is intuitively understandable. However unregistered and preoccupied trademakrs is a problem that may not be protected by the law. Revocation trial of trademark not in use prior users right rejection of application of impure intentions are policies that mends the problem

Japan China and Europe are also under the first-to-file rule due to its legal stability. Some countries like the US are using the first-to-use system.

Park Joo-yeon Director General of Trademark Examination Policy Division of KIPO said that promotion and education about the importance of trademark application made under cooperation with local IP centers Small Enterprise and Market Service and National Tax Service. She added that thorough evaluation is made to reject impure intentions and improvements of the law to prevent abuse of rights is under examination.

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