4.24.2019

'Chyson', trademark not valid


China's wireless cleaner, Chyson
'Chyson' is a coined word created by China 'China' and 'Dyson', a famous British vacuum cleaner brand. Although Dyson is very expensive, many people are interested in the convenience of wireless cleaners, and Chinese companies have produced many products similar to Dyson cleaners. In the early days of production, the quality was far behind and the public did not pay attention, but with the improvement of technology, Chinese products showed performance which is not bad compared to price, and the public called the products as 'Chyson'.

naver.com > shopping channel
Search result of '차이슨(Chyson)'

차이슨’ (Korean language of Chyson) Trademark registered in Korea; 
A lot of people showed a lot of interest in cheap and useful 'Chyson', and one company filed the trademark '차이슨'. At the time, there was controversy about the possibility of registration for '차이슨', but it was registered after a year and a half of the examination. Since then, the company has been seeking to ban the use of trademarks by companies that sell Chinese products using the name "차이슨", mostly in the open market.

intomark.com > WIPS trademark search database

차이슨’ (Korean language of Chyson), not valid trademark;
When the word "차이슨" became unavailable, another company that used ‘차이슨’ filed a passive confirmation of scope of patent right claiming that the Patent Tribunal doesn’t admit the validity of the trademark "차이슨". Therefore, the court did not accept the trademark right of '차이슨' unlike the trademark registration examination. The word '차이슨' was not a word referring to a specific brand, but rather a technical mark meaning a wireless cleaner made in China. The court ruled that a company can not monopolize because it has lost its discrimination in the sense that it is used by many people in the meaning of China's wireless cleaner, and that everyone can use the name "차이슨".

pixabay.com

The ‘차이슨’ (Korean language of Chyson), the name that everyone can use;
It has often been the case like ‘Chyson’ that have lost their identities by being used widespread. Traditionally, words such as ‘Hotchkiss’ (which is stapler, usually called Hotchkiss in Korea) and 'Tylenol' have been registered as trademarks, but as a result of the widespread use of many people, they have lost their identities and are no longer recognized as trademarks. The preemption of the trademark is important, but it seems to be a case showing that the use of the trademark and the management after the registration are also important.









2 comments:

  1. Thanks for the great post on your blog, it really gives me an insight on this topic.

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    ReplyDelete
  2. Chyson looks like a nice name. I like it.

    ReplyDelete