특허청 국제상표심사과 과장 Trademark Protection by using EC Design System

How to protect your trademark/design?

Quiz 1 Trademark or Design?  TM

Design first, Trademark later! - Logos

logos, graphic symbol Design first, Trademark later! - Logos

~ Get-up, graphic symbols, logos ~0002 Design first, Trademark later! - Logos

Graphic Symbols, Ornamentation, logos, Get-up, Labels Graphic Symbols, logos Design first, Trademark later! - Logos

Graphic symbols, get-up, logos Design first, Trademark later! - Get-up

Newspapers, Ornamentation Advertising Material, Ornamentation Design first, Trademark later! - Ornamentation Ornamentation Games software, Ornamentation Games and toys, Electronic games, Video games, Game cartridges for electronic games or electronic games stations, Arcade games, Logos, Graphic symbols, Get-up, Game boards (Ornamentation for -)

Graphic symbols Logos, Graphic symbols Design first, Trademark later! - Graphic Symbol Graphic symbols Graphic symbols Graphic symbols Graphic symbols

Intel Case Study 1. 상표인가 ? 디자인인가 ? 어떻게 보호할 것인가 ?

Intel Case Study 1. 어떻게 보호할 것인가 ? 2. Website 상의 GUI 를 어떻게 보호할 것인가 ?

Intel Case Study

~0004/ Lap top computers ~0003/Graphic Symbols Intel Case Study

Graphic symbols Graphic symbols

Graphic user interface of an application for mobile terminals Case Study - GUI

Catalogues, Advertising material, Screens (advertisement -), Screen displays and icons, Printed matter, including advertising materials

Interior Fittings Case Study

INPI - FR: Renault’s patent for a Rocker arm for internal combustion engine Quiz 3 Non visible parts in normal use

Quiz 4 Trademark/Design Infringement? Design : Overall Impression Trademark : Likelihood of confusion Vs

자동차 장난감 자동차 Quiz 5 Infringement? Design : Overall Impression

Quiz 6 - Character Merchandizing

수수료 계산 ? Case Study 권리의 보호범위 ?

~0002 Cartoon characters Case Study

Video game characters Case Study

Type and typefaces Case Study

Multiple Design Application - Class 內 ~0010 Ornamentation of fabric

“Design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the... linescolourstexture contours materials ornamentation shapeDesignDesign (Art 3 (a) )

“Product” means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer program. “Product” means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer program.ProductProduct (Art 3 (b) )

“ Complex product” means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product. Complex Product (Art 3 (C) IR)

Protection Requirement Novelty  If no identical design has been made available to the public - before the UCD has first been made available to the public - before the filing or priority date of the RCD  Designs are deemed to be identical if their features differ only in immaterial details

Disclosure §7(1) except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, before the date referred to in Articles 5(1)(a) and 6(1)(a) or in Articles 5(1)(b) and 6(1)(b), as the case may be, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

Protection Requirement Individual Character  If the overall impression produced on the informed user differs from the overall impression of designs made available to the public earlier  The degree of freedom of the designer in developing the design will be taken into consideration

Scope of Protection  Include any design which does not produce on the informed user a different overall impression  The degree of freedom of the designer in developing the design will be taken into consideration

Application & Scope of Protection not affected  The scope of protection of the design is not affected by; indication of products - the indication of products in which the design is intended to be applied description - the description explaining the representation or specimen classification - the classification of the products

Exclusion of Protection  Non visible parts in normal use  Features of appearance of a product which are solely dictated by the technical function of the design  Interconnection

SummarySummary  EC trademark protection strategy : Design first, Trademark later. - device mark or stylized word mark, composite mark - color mark, 3-D mark  Disclose your design in EC first.  Make use of the grace period : 12 Months  How to make a attractive design protection system in Korea : Designer-oriented law-making  Global brand strategy by using EC design system : Graphic symbol, etc.