Registering Trade Names as Trademarks

A trademark is a mark (a name or sign) that distinguishes your goods from those of others. For example, iPhone and Galaxy are trademarks, while Apple and Samsung are trade names.

Many clients ask us whether a trade name also needs a trademark application. The Korean Trademark Act provides that a trademark right does not extend to the use of your own trade name in accordance with ordinary commercial practice.

In other words, even if a third party owns a registered trademark identical to your name, using the trade name you have registered with the court registry does not infringe that trademark right.

There is one problem, however: whether the way you display your trade name follows ordinary commercial practice.

Whether a particular display follows commercial practice can be disputed in court, and it is often hard to draw a clear line. To reduce the risk of such legal disputes, it is advantageous to register your trade name as a trademark as well.

If you are preparing to start a business, we will explain in detail what to include in your trademark application.