Trademark

SAMSUNG VS SAMSUNG

Trademark dispute between SAMSUNG PHARM & SAMSUNG Electronics started in 2015 as SAMSUNG Electronics filed oppositions against the mark “” filed by SAMSUNG PHARM.

The grounds for the opposition was that there will be confusion between the mark “” filed by SAMSUNG PHARM and “” owned by SAMSUNG Electronics. Korean Intellectual Property Office, however, did not accept the opposition and allowed registration for the mark “

SAMSUNG Electronics did not give up and filed an invalidation trial against the registration of “”. But they also failed in invalidation trial as they failed to invalidate the mark from both the first trial and the second trial. One ground that Korean Intellectual Property Trial and Appeal Board’s decision is based on is that SAMSUNG PHARM established in 1929 and SAMSUNG Electronics originated from the company established in 1938. The establishment year of SAMSUNG PHARM proceeds the establishment year of SAMSUNG Electronics and the brand of SAMSUNG PHARM has been continuously used which proves that their mark is well known to customers.

After failing in invalidation trial, SAMSUNG Electronics gave up taking further actions and SAMSUNG PHARM succeeded in long lasted dispute to keep their trademark rights.

Generally, “” mark seems to be more famous to consumers. However, according to the fact that “” has been used for a longer period of time, it was acknowledged that “” mark is also well known mark like “” and thus it was decided that both marks deserve trademark rights and they will not confuse consumers even though they co-exist.

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