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Jan 12, 2015
Min-Kyoung Jee, Kim & Chang, South Korea
Jason J. Lee, Kim & Chang, South Korea

Distinctiveness of Three Dimensional Trademarks


Min-Kyoung Jee, Kim & Chang, South Korea, Jason J. Lee, Kim & Chang, South KoreaThe Korean Intellectual Property Office's ("KIPO's") amended examination guidelines regarding three dimensional trademarks have been controversial ever since they came into effect on March 5, 2012. Prior to the amendment, KIPO would simply evaluate the overall distinctiveness of three dimensional trademarks much like any other trademark. However, KIPO's amended examination guidelines have provided that the distinctiveness of a three dimensional trademark must be determined based only on the three dimensional shape itself, without considering any other elements which may be part of the mark such as symbols, letters, figures, etc. This change has been the subject of much debate, as many in the legal field have argued that the amended examination guidelines are too narrow in scope.
This issue was presented before the Patent Court, which recently reviewed an appeal of a rejection by KIPO read more