Designs and Trademarks Our Work
- What types of objects are eligible for design registration?
The Design Law protects designs, which are "designs" for goods that can be mass-produced.
A design for an article can be registered for a variety of items, including clothing, bags, jewelry, game consoles, etc.
- How do I know if I should register a design?
Like Patent law, design law is based on the principle of examination. Therefore, before filing an application, it is highly recommended to ensure that the design is considered to meet certain registration requirements, such as industrial applicability and novelty. Even if a design satisfies the requirements for registration, there is no merit in filing a design application unless the goods bearing the design are sold. The applicant should consider the sales forecast of the goods with the design and whether the design is in line with the future trends in the field before filing the application.
- What is "trademark"?
When you purchase a product or receive a service, you can determine what the product or service is by looking at the name or mark on the product or related to the service. The name or mark is "trademark", and is a distinguishing mark that identifies one's own goods or services from those of others. The Trademark Law protects such marks.
- What is important in naming a product?
When selling a product on the market, it is important that the naming of the product is legally sound.
Specifically, it is important to ensure that:- the name has distinctiveness to distinguish the product from others;
- others do not have trademark rights in the same field; and
- the name must not be a false indication of origin or misrepresentation of quality.
In particular, it is very important to confirm that there is no conflict with the trademark rights of others. When there is conflict with the trademark rights of others, it is impossible to use the trademark. Therefore, it is important to conduct a trademark search prior to naming a product. In addition to conducting a preliminary trademark search, it is also important to file a trademark application. After registration of the trademark, you will be able to use your trademark with peace of mind, as others will not be able to exercise their rights against you when you use your trademark. It is also important to conduct the search and file an application before actually putting the product on the market.
- What is the relationship between design law and trademark law and patent law?
In today's mature market, a product that is similar to a competitor's product will not catch the eye of consumers. There are two key points to make your product more eye-catching than your competitors' products. The first is to differentiate your product in terms of its essential aspects, such as function, quality, and performance. This differentiation is in terms of "invention," which is protected by the Patent Law and Utility Model Law. The second is to differentiate in terms of secondary aspects of the product, such as design, packaging, and etc.
This differentiation is achieved in terms of "design," which is protected by the Design Law, and in terms of "naming," which is protected by the Trademark Law. Thus, stronger protection can be obtained by utilizing the Patent Law, Utility Model Law, Design Law, and Trademark Law in combination.