특허청 국제상표심사과 과장 문삼섭 Trademark Protection by using EC Design System

How to protect your trademark?

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

Graphic user interface for steering crusher

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

Quiz 2

Interior Fittings Case Study

INPI - FR: Renault’s patent for a Rocker arm for internal combustion engine Quiz 3

Quiz 4 Infringement? Overall Impression

Quiz 4 Infringement?

자동차 장난감 자동차 Quiz 5 Infringement? Overall Impression

Quiz 6 - Spare Parts HYUNDAI Motors

등록된 부품디자인 : 바퀴휠 경쟁업체의 복합물품에서의 부품 ( 바퀴휠 ) 의 사용 : 디자인권의 침해 수리하기 위한 부품 ( 바퀴휠 ) 의 생산 : 적법함 HYUNDAI GM-DAEWOO Spare Parts

Quiz 7 - Character Merchandizing

수수료 계산 ? Case Study 권리의 보호범위 ?

~0002 Cartoon characters Case Study

Video game characters Case Study

Type and typefaces Case Study

Alphabets [printing characters] 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

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  The scope of protection of the design is not affected by; - the indication of products in which the design is intended to be applied - the description explaining the representation or specimen - 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.  Disclose your design in EC first.  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.