As exports of Korean quarantine-related products have increased significantly due to COVID-19, the possibility of trademark disputes in the local market has also increased, and companies are expected to be especially careful.
On the 23rd, BUDDTREE Management CEO and attorney Yoo Ji-hye, attorneys Param Tripathi and Rohit Adlakha announced through KOTRA India's New Delhi Trade Center that Korean companies need to be cautious as trademark applications related to COVID-19 are rapidly increasing.
According to BUDDTREE, trademark applications including expressions related to 'coronavirus' are currently on the rise at trademark offices across the United States, China, and India.
Due to the spread of COVID-19, the number of patents and trademark applications for various products, from pharmaceuticals, pharmaceutical products, and hand sanitizers to vaccine software, is rapidly increasing worldwide. It is pointed out that domestic companies should also be aware of the fact that the pharmaceutical industry is actively pursuing trademark applications.
In the case of the Indian Patent Office, there are pharmaceutical companies that have applied for two trademarks for their vaccines, 'Covidac' and 'CoroFlu', and there are many applications using the term 'Corona', such as 'Corona safe', 'Corona Sanitizer', and 'COVID RELIEF', to the extent that a hand sanitizer trademark called 'COVID Fighter' has been applied for.
In the US, there have been applications for trademarks such as 'Love in the time of Coronavirus', 'The Coronavirus Blues', and 'Bye, Bye Corona', and in the UK, trademarks such as 'Corona-CHEX' and 'COVID Wars' have been applied for.
According to Birdtree's analysis, since trademark applications related to the COVID-19 virus, including brand and business marketing strategies, can lead to the acquisition of rights, this situation has become one that requires attention.
Korea has already experienced a surge in related trademark applications during SARS, the new flu, and MERS.
According to the Korean Intellectual Property Office data confirmed by Birdtree, trademark applications increased by 105% in 2003 when SARS was prevalent, 12% in 2010 when the new flu was prevalent, and 9.1% in 2015 when MERS was prevalent.
The recent COVID-19 pandemic is no exception.
Trademark applications for masks, a major personal hygiene product, as designated products increased by about 2.6 times year-on-year to 789 cases in the two months of February and March 2020.
If the scope of personal hygiene products such as hand sanitizers and detergents is expanded, the number of applications in February this year more than doubled from 473 cases in the same month last year to 950 cases, and 1,418 cases were applied in March, an increase of 792 cases compared to March of the previous year.
The Korean Intellectual Property Office predicts that this trend will continue for the time being.
Attorney Yoo Ji-hye said, "The series of trademark applications related to COVID-19 and the surge in trademark applications related to personal hygiene products may be a good opportunity for companies to utilize the value of the term 'Corona'," but advised, "We need to refer to the precedents of other countries, such as China, which are reported to have denied all trademark applications that were judged to have a negative impact on society."
She continued, "Companies considering such applications in India need to carefully apply for trademarks based on a thorough review of the Indian government's policies and related laws," and "Since inappropriate trademark applications using the term are rampant in India, there is a risk that our companies' valuable trademark applications will not be recognized for their value."
Attorney Yoo emphasized, "In order to properly utilize the opportunity, communication between companies and consumers regarding COVID-19-related products is important. In particular, careful attention is required in conveying COVID-19-related messages contained in trademarks." He added, "It seems that special care should be taken to ensure that the act of including COVID-19 in trademarks does not negatively form the product image or mislead consumers." <© 2024 Medi Pana News, Unauthorized reproduction and distribution prohibited>
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