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IP Newsletter | Spring/Summer 2019
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
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Encouraging News for Owners of Products with Famous Shapes
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The Intellectual Property Trial and Appeal Board (IPTAB) recently recognized the distinctive nature of
Van Cleef & Arpels' " " 3D mark in Class 14 (the clover design of the famous Alhambra jewelry line) and
Hermès' " " 3D mark (the famous BIRKIN bag), based on their acquired fame in the Korean market. To convince the IPTAB of the fame of these two 3D marks, Kim & Chang submitted various evidentiary materials, including documents showing sales and advertising figures, positive consumer survey results, numerous articles referring to the iconic product shapes, favorable decisions from Korean courts, etc.
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It has already been 5 years since KIPO amended its examination guidelines to require a lower showing of fame from applicants seeking to secure 3D trademark registrations for product shapes. Despite this amendment, KIPO examiners have continued to be reluctant to grant registrations for 3D marks for the shapes of products. With these recent decisions, the IPTAB seems to have shown greater flexibility in recognizing that certain product shapes function as source identifiers in the Korean market, and it is hoped that the examination division at KIPO will take notice and follow the IPTAB's lead.
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3D trademark registrations are a very powerful tool for enforcement in South Korea, and these recent favorable developments at the IPTAB should encourage owners of famous product shapes in South Korea to consider filing 3D trademark applications more seriously.
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If you have any questions regarding this article, please contact:
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For more information, please visit our website: www.ip.kimchang.com
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