[Consultation] What if you are using our company's trademark abroad?

Law firm Veat conducted a legal review regarding response plans when domestic trademarks are identically copied and used overseas by companies that have registered trademarks with the Korean Intellectual Property Office and are preparing for overseas expansion.

A Co. is a startup providing educational content platform services and had registered trademarks with the Korean Intellectual Property Office, with plans to expand overseas. However, A Co. discovered that a company was using its logo identically overseas and inquired to Law firm Veat to investigate potential sanctions and response plans against foreign companies.

Law firm Veat advised on comprehensive response plans, including methods for registering domestic trademarks in overseas markets, arguments for and against claiming patent rights, and the possibility of sanctions if a foreign company is providing similar services in Korea to A Co.

There have been increasing instances of foreign trademark brokers causing damage, such as a foreign company registering a trademark of a Korean company that is leading the “Hallyu” (Korean Wave) trend overseas, and then selling trademark rights to the Korean company when it enters the Chinese market.

Trademarks operate on the principle of “territoriality” – meaning that the state’s legislative, judicial, and administrative jurisdiction is only valid within its own territory. Therefore, even if a trademark is registered domestically, it does not necessarily have the same effect overseas. If you are planning to expand overseas, it is advisable to consider methods for registering domestic trademarks in foreign markets. If you need legal advice regarding trademark infringement, please contact Law firm Veat.

Thank you.

Law firm Veat