[FAQs] When Is the Right Time to Trademark My Brand?

          The right time to trademark your brand is: as soon as possible.

 

          Many businesses don’t think about trademark protection until they’ve been in business for a while. This approach, however, is risky due to several reasons:

 

• First, South Korea follows the first-to-file system, meaning it gives rights to those who first filed a trademark application. Moreover, trademark use is not required to be claimed at the application stage. For this reason, you may want to file as soon as possible.

 

• Second, there is no guarantee that the trademark you are using will be approved for registration. If you happen to have a mark similar to an existing trademark, your application will not only fail registration but may even have to change the mark. If other companies claim infringement of their mark, there are even possibilities of rebranding, which requires changing the name that you already spent money and time building to avoid lawsuits.

 

• Lastly, someone may take your brand or mark before you file an application. Under the first-to-file system, any unregistered mark or brand is especially vulnerable to this possibility. You should not risk having another business register a similar trademark when setting up your brand.  

 

          Register your trademark before using it. The best practice is to choose and file for registration when building your business identity. Besides, a strong trademark usually helps you establish a successful brand. Create a unique and distinguishable identity that helps clients to recognize your goods.