• Title/Summary/Keyword: Trademarks

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A Study on the Registration of Analogous Trademark to Polo/Ralph Lauren Trademark (폴로/랄프로렌 도형상표의 유사상표 등록에 관한 연구)

  • 김용주
    • Journal of the Korea Fashion and Costume Design Association
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    • v.5 no.3
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    • pp.63-77
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    • 2003
  • This study was to analyze the trademarks of The Polo Lauren Company in fashion products and its analogous trademarks that have been applied or registered in the Korean Patent Office. The data was collected from the Korean Patent Office and KIPRIS search system was used. Total 468 trademarks applied by the date of September 10, 2003 including 317 registered trademarks of the Polo Lauren Company and 151 its analogous trademarks applied for fashion products, were used for the analysis. The results were follows. (1) Total 73 different types of trademarks of the Polo Lauren Company were registered for 26 product classification. Trademarks were composed of all possible combination of letter, sign and sketch to prevent the registration of its analogous trademark. Also even the same trademarks were registered for each different product classification. Since the early 1990s the extended trademarks for each segments reflecting diverse lifestyles were frequently registered. (2) Total 134 trademarks that had applied for registration were rejected due to its analogousness to the Polo Lauren. Most of them were seem to purposely analogous to mislead and to confuse consumers. The major type was to add one or two words as brand extention to the genuine Polo brand. Next type was minor modification of genuine trademark. The last type was almost same brand names in different product categories. (3) Total 3 trademarks were not permit to register by the objection of the Polo Lauren Company. Total 19 trademarks were permit to register. Those showed low degree of analogousness. However most of these trademarks were cancelled by the lawsuit of the Polo Lauren company.

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The Study on the Trademark Registrations of Korean Fashion Firms in Overseas Countries -Focused on the Case of Chinese Market- (해외시장에서의 한국 패선상표 등록에 관한 연구 -중국시장의 사례를 중심으로-)

  • Kim Yong-Ju
    • Journal of the Korean Society of Costume
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    • v.56 no.6 s.105
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    • pp.153-167
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    • 2006
  • This study was purposed to analyse the registration of Korean Fashion brands in China and to point out problems by the registration of analogous trademarks to Korean brand names. List of total 137 Korean national brands were used to collect trademarks in Chinese Trademark Office and each trademark was analysed by the nationally and the date of registration. Analogy of registered trademarks were classified by the common traits. In Result, only 61 Korean national brands were registered by Korean fashion firms in China and 37 Korean national brands were registered by Chinese firms or individuals in the same product classification or in the similar fashion product classification. And 22 Korean national brands out of 61 registered by Korean firms were also registered by Chinese firms, which may lead confusion and misidentification to Chinese consumers. Pre-registration by the Chinese firms f9r analogous or identical trademarks of the Korean fashion brand names in analogous product classification should be a serious entry barrier to Chinese market.

Content-based Rotation Invariant Retrieval of Trademarks (내용기반 회전불변 상표검색)

  • Park, Jin-Geun;Jo, Sang-Hyeon;Choe, Heung-Mun
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.39 no.1
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    • pp.60-66
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    • 2002
  • In this paper, an efficient content-based rotation-invariant retrieval of the trademarks is proposed using the edge-direction histogram for a principal symmetry axis and the moment invariants. Rotation invariant retrieval of trademarks is difficult for the conventional retrieval systems because their feature vectors are not rotation-invariant. In this paper, to obtain rotation invariant feature vectors, in addition to invariant moments, the edge-direction histogram for a principal symmetry axis is introduced and is used to solve the bin shift problem of the histogram resulted from the rotated trademark. Performance evaluation has been carried out for a database of 300 kinds of trademarks including 20 kinds of typical trademarks which are reported to be difficult to retrieve when rotated, and the proposed scheme is proved to retrieve trademarks more efficiently, especially for the rotated trademarks, than the conventional methods.

Animal Symbolism of the Trademarks and Trade Characters - Cultural influences of the animal symbols

  • Kim Hyun-Jee
    • Archives of design research
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    • v.19 no.3 s.65
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    • pp.71-92
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    • 2006
  • People have their own cultural backgrounds and experiences in terms of visual perceptional thinking so that they could misunderstand the cultural symbols, trademarks, Brand Identities, and trade characters, especially, animal trademarks. Sometimes Easterners and Westerners seem to not comprehend the different meanings of the cultural symbols. The signs of twelve Chinese zodiac animals are the typical symbol of the Asian mythology. What I wanted to focus on emphasizing the different views and perspective of an animal trademark is according to the Chinese Zodiac between Eastern and Western cultures. Generally, multiple symbolisms are difficult to comprehend, because they are created by individual ideas and incorporate several mythologies and histories. How do Westerners interpret the implied meaning of Eastern animals in general? How are they going to understand the Eastern animal logos or marks accurately? How can we solve the problem to make people understand their different meanings? There were some confusing pictorial images in the area of the design field when a designer creates an animal mark for globalization and localization. Creating of hybrid symbol is the best way to break the communication barriers with people all around the world.

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Weighted Approximate Matching for Character-based Similar Trademark Retrieval (문자기반 유사상표 검색을 위한 가중치 부여 근사매칭)

  • Suh, Chang-Duck;Kim, Whoi-Yul
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.37 no.1
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    • pp.43-54
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    • 2000
  • Character-based trademarks constitute 90% of registered trademarks at the Korean Patent Office. This paper proposes a method to improve the precision rate when for similar trademarks in such systems. The proposed method first calculates the similarity measure by an image processing. The method has been implemented and merged with the existing device-mark retrieval system to improve precision rate by 16.2% compared to other approximate matching methods.

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Development of Content-Based Trademark Retrieval System on the World Wide Web

  • Kim, Young-Sum;Kim, Yong-Sung;Kim, Whoi-Yul;Kim, Myung-Joon
    • ETRI Journal
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    • v.21 no.1
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    • pp.40-54
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    • 1999
  • In this paper, we describe a new trademark retrieval system based upon the content or the shape of trademark. The system has an on-line graphical user interface for the World Wide Web (WWW) that allows user to provide a query in forms of a sketch or a visual image to search for similar trademarks from database. User interfaces for the WWW were implemented by utilizing HTML and Java applets. The query can occur in arbitrary size and orientation. A shape representation scheme invariant to scale and rotation was developed to measure the similarity between two trademarks using the magnitude of Zernike moments as a feature set. Performance evaluation has been carried out with a database of 3,000 trademarks. It takes only about 0.6 second for the retrieval on a 200 MHz Pentium PC. The average recall of the original one among top 30 candidates queried by noisy or deformed images was 100%.

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New gTLD Program: Uniform Rapid Suspension System and Trademark Clearinghouse (신규 일반 최상위 도메인의 도입과 통일신속정지제도(URS)에 대한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.113-131
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    • 2011
  • Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced the expansion of the number of generic top-level domains (gTLDs) beyond the current 22 gTLDs, and the gTLD Applicant Guidebook for ICANN's new gTLD program is now under consideration for approval. ICANN also introduces a "Trademark Clearinghouse" and the "Uniform Rapid Suspension (URS)" procedure to protect trademarks and expedite dispute resolution and save costs. The Trademark Clearinghouse is a central repository for information to be authenticated, stored and disseminated, pertaining to the rights of the trademark holders. Trademark holders would voluntarily provide data of their trademarks from all over the world, and it would assist a trademark watch service provided by the new gTLD registry for trademark holders and potential domain name registrants. The URS is a part of the new gTLD dispute resolution mechanisms created by ICANN to resolve cybersquatting disputes. A complainant in a URS proceeding must establish three elements that are very similar to the existing UDRP to succeed, but supposedly more expedited and cost efficient. Since the URS provides that it only protects court validated and registered trademarks, it is not clear whether unregistered marks used in commerce are protected under the URS. The URS escalates the complainant's burden of proof from a preponderance of evidence standard under the UDRP to a clear and convincing evidence standard. The notices to a respondent shall be sufficient if the URS Provider sends the notice of Complaint to the addresses listed in the Whois contact information. As registrants who wish to conceal their true identity often subscribe to the privacy/proxy service and the complainant's high rate of success in the UDRP proceeding is relevant to the respondents' default rate, the URS's simple notice requirement would deprive respondents of a fair opportunity to assert their rights over the disputed domain names.

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A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.699-720
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    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

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A Study on a Clothing Purchase Process Model Using Images of Clothing Merchandise (의류상품 이미지에 의한 의복구매과정 모형 연구)

  • 정은영;이신재
    • Journal of the Korean Society of Clothing and Textiles
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    • v.18 no.5
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    • pp.749-764
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    • 1994
  • It was assumed that a consumer forms images of all the factors related to clothing merchandise such as trademarks, stores, products and prices that he/she perceives in the market and those images deforming his/her preference for a particular piece of clothes and intention of purchase. Under this assumption, this research was designed to find out important factors of clothes that help a consumer form an image of the clothes, among other attributes of the merchandise, and how this image is related to the existing extraneous variables such as the trademark image, the consumer's self image, the price, etc. in leading the consumer to purchase the particular clothes in the end. In the empirical research, a preliminary survey was conducted to select brands of womenswear that were suitable for this study and as the result, 16 brands were chosen. Then one trademark, one store and two products from each of the 16 brands were selected. With these materials, 32 stimulus sheets were prepared, and each of them was composed of 3 photos of a brand's catalog and logo, the interior of a selected store that carried products of the brand, and formal suits selected from each brand's spring/summer 1993 collections. Subjects were 460 women in the age groups of 20-50s who live in Seoul Metropolitan area. Each of the subjects was provided with a survey questionnaire and 16 stimulus sheets. The main findings of this research prove that consumers follow a certain selection process model when they purchase clothes: consumers, first, from images of merchandise based on the trademarks, stares, and products and those formed images work il.: medium variables and in the end they help the consumers decide whether to buy the products.

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