Setting the Standard: PI IP LAW Secures One of Korea’s First Trademark Approvals Using KIPO’s New Co-Existence System
We are thrilled to announce a recent success at PI IP LAW—our client’s trademark was approved for publication following a co-existence agreement, overcoming initial obstacles thanks to our proactive approach. This outcome is one of the very few achieved under Korea’s newly implemented co-existence framework, underscoring our firm’s pioneering role in navigating this new option for clients.
Leading the Way: Why KIPO Embraced Co-Existence Agreements—and Why PI IP LAW is the Partner You Need
Historically, KIPO’s trademark system did not allow conflicting marks to be registered, even when both owners agreed to coexist and had no real-world business competition. Instead, the only option was a temporary assignment arrangement, which often left brand owners with legal uncertainties and unaddressed risk. This lack of a co-existence framework frustrated many brand owners. Recognizing this need for greater flexibility, KIPO introduced the co-existence agreement system in May 2024 to allow businesses more control over their brand identity, creating new avenues for cooperation in the trademark space.
A Pioneer in Co-Existence Agreements
As one of the first IP firms to leverage KIPO's co-existence system, PI IP LAW has set the benchmark by developing agreements that go beyond KIPO’s basic template. While KIPO provides a minimal form to present basic requirements for co-existence, we quickly recognized the need for a comprehensive approach. Drawing on our international trademark experience, we crafted a robust, bilingual co-existence agreement that ensures clarity, mitigates legal uncertainty, and reduces the likelihood of future disputes—a substantial enhancement over the standard form.
Enhancing Certainty and Protecting Brands
While KIPO introduced a standard form for co-existence agreements, it provides only minimal information intended for record-keeping, leaving critical details unaddressed. This limited form alone often fails to mitigate potential legal ambiguities and risks between parties holding similar marks in overlapping fields. Recognizing this gap, PI IP LAW took the initiative to develop a more comprehensive co-existence agreement that ensures clear terms, protects brand interests, and meets international standards. Our approach not only enhances the KIPO form but also provides our clients with a safeguard against future disputes, aligning with best practices in global IP law. This rigorous approach has earned positive recognition from KIPO examiners, who commended the clarity and robustness of our submission.
Expertise and Dedication to Client Success
PI IP LAW’s commitment to our clients is reflected not only in our groundbreaking use of the co-existence system but in our proactive approach to problem-solving. Our unique combination of legal expertise, bilingual fluency, and cross-cultural insight enables us to communicate seamlessly with KIPO examiners and clients alike, creating an efficient, effective process. By anticipating KIPO’s evolving requirements for co-existence submissions, we have minimized delays, reduced costs, and streamlined the trademark registration process.
Looking Forward
As businesses increasingly realize the value of co-existence agreements, PI IP LAW remains dedicated to leadership in this area, setting a standard others will follow. For any company aiming to secure its brand in Korea, we offer a client-focused service that is both proactive and deeply informed. Join us as we continue to redefine IP law in Korea, one successful registration at a time. Let’s work together to unlock the full potential of your brand.
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