Korean IP service for foreign counsel
Trademark Opposition and Invalidation in Korea
SODAM assists foreign clients with Korean trademark opposition, invalidation, and dispute opinions by reviewing mark similarity, designated goods and services, distinctiveness, prior rights, use evidence, and procedural posture.
When This Service Is Needed
1. Review Point
A conflicting Korean trademark application or registration has been identified.
2. Review Point
A client needs to challenge or defend a Korean trademark.
3. Review Point
Foreign counsel requires Korean similarity, distinctiveness, or prior-rights analysis.
Key Issues We Review
- Similarity of marks and designated goods or services.
- Distinctiveness, descriptiveness, prior rights, and bad-faith concerns where relevant.
- Use evidence, reputation evidence, and Korean evidentiary weight.
- Procedural posture and available forum-specific arguments.
Documents and Information to Send
- Trademark application or registration details and designated goods or services.
- Prior registrations, use evidence, specimens, marketing materials, and reputation materials.
- Opposition, invalidation, cancellation, or warning-letter materials if any.
- Foreign dispute records or coexistence materials where relevant.
How SODAM Assists Foreign Counsel
- Analyze opposition, invalidation, or defense grounds under Korean practice.
- Organize similarity and evidence arguments for Korean submissions.
- Prepare filing-ready Korean arguments and English reports.
- Coordinate strategy with prosecution, portfolio, and enforcement objectives.
Related Korean IP Services
FAQ
- Is foreign trademark reputation automatically accepted in Korea?
- No. Evidence should be reviewed for relevance, timing, scope, and probative value under Korean practice.
- What should be reviewed first?
- The marks, designated goods or services, prior rights, use evidence, procedural posture, and deadline should be reviewed at the outset.
- Can trademark prosecution and dispute strategy overlap?
- Yes. Office action, opposition, invalidation, and negotiation positions should be coordinated where the same marks and evidence are involved.
Discuss a Korean IP Matter
Please send the relevant documents, procedural status, and the requested Korean IP work. SODAM will review the matter and respond with the appropriate next step.