Following Popularity, 'Should I Also Apply?'... Increase in Rejection of Similar Trademark Applications

The 'Instamodel,' which imitates the Instagram trademark, recently received a trademark registration invalidation ruling from the Patent Court. The Korean Intellectual Property Office (KIPO) emphasizes the need for caution when applying for trademarks, considering the increasing number of such cases. Photo by KIPO

[Asia Economy (Daejeon) Reporter Jeong Il-woong] #Recently, Instagram won a trademark cancellation lawsuit filed at the Patent Court against another company's trademark. The court ruled that the contested trademark "Insta Model" was similar to the abbreviation of the well-known social networking service platform "Instagram," and that there was a possibility of unfair profit, thus concluding the trademark registration invalid.

According to the Korean Intellectual Property Office on the 29th, trademarks imitating widely known names or trademarks of others are frequently being filed. This is mainly used as a method to quickly promote products, often including elements that provoke critical meaning or humor.

However, in Korea, imitation trademarks generally do not receive recognition as trademarks. Even if an application is filed to register such a trademark, it is highly likely to be rejected.

Generally, imitation trademarks are especially difficult to register when both the existing trademark and the goods are identical or similar.

Cases of imitation trademarks rejected by the Korean Intellectual Property Office. Photo by Korean Intellectual Property Office

However, if the trademark is identical or similar but the goods are different, the examination focuses on whether the trademark ▲causes confusion with the famous trademark or negatively affects its reputation ▲has an unfair purpose to gain improper benefits or cause damage to a specific person.

In overseas cases, the United States often does not recognize trademark infringement if the expression clearly parodies an existing trademark from the perspective of freedom of expression and there is little likelihood of confusion about the source of the goods.

However, the Korean Intellectual Property Office explains that even in the U.S., if the existing trademark and the imitation trademark are difficult to distinguish, causing a high possibility of confusion and potentially hindering fair competition in the marketplace, trademark infringement is recognized.

Mok Seong-ho, Director of the Trademark Design Examination Bureau at the Korean Intellectual Property Office, said, “Trademarks protect not only the rights of trademark owners but also those of general consumers,” adding, “For the same reason, the KIPO applies strict standards when examining imitation trademarks, and the number of rejected imitation trademark applications is increasing, so caution is needed when filing.”

This content was produced with the assistance of AI translation services.