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Jan 21, 2014
Alexandra Bélec, Kim & Chang, South Korea
Su Yeon Chun, Kim & Chang, South Korea

Use of Dual-Language Trademarks in Korea


Alexandra Bélec, Kim & Chang, South Korea, Su Yeon Chun, Kim & Chang, South KoreaReversing a long-held position, the Supreme Court of Korea en banc recently ruled that the use of only the English portion (or equally, only the Korean transliteration portion) of a registered English/Korean transliteration combination mark constituted use of the mark as registered (Case No. 2012Hu2463, rendered on September 26, 2013).
Until now, Korean courts cancelled English/Korean combination mark for non-use, if the registrant was only able to prove use of only one of the two portions of the mark.
The below are two examples of past Supreme Court's decisions (Case No. 2003Hu1437, August 20, 2004 and Case No. 92Hu698, December 22, 1992) in which the marks as used were not recognized as constituting valid use of the marks as registered and the registered marks were  read more