A trademark refers to all sensible methods of expression used to distinguish one's goods from those of another. However, since it is difficult to protect all such methods legally, the Trademark Act places limits on the protectable constituents of a trademark. Previously, these constituents were limited to a symbol, character, diagram, three-dimensional shape, or any combination thereof, as well as color combinations of the mark. Protection under the Trademark Act includes a mark formed by a single color or a combination of colors, holograms, motions, and all types of visually recognizable marks.
To reflect the ROK-EU FTA, the Trademark Act was amended to include regulations to reject a trademark application that is identical or similar to a geographical indication already protected by the FTA and Korean laws.
Additional amendments to the Trademark Act based on the ROK-US FTA permit non-visual trademarks such as sounds and smells to be eligible for trademarks. A certification mark was also introduced to guarantee the quality and characteristics of goods.
In addition, marks that do not distinguish one's goods from another's are not deemed to be a trademark. If a design is only used to inspire users with its aesthetic nature or as a price mark irrelevant to the identification of owners, it shall not be deemed a trademark in accordance with the Trademark Act. On the other hand, collective marks, and business emblems may be regarded as trademarks.
