「BTS」の“ボラヘ”がネイルアートに?…悪意のある商標の先占が5年間で2500件
BTS' ”Borahae” as nail art? ... 2,500 cases of malicious trademark preemption in 5 years
An analysis has been presented stating that over the past five years, there have been over 2,500 patent applications suspected of malicious trademark preemption.
According to national audit materials received by Democratic Party lawmaker Heo Jeong-sik from the Korean Intellectual Property Office, a total of 2,523 patent applications were filed by individuals suspected of malicious trademark preemption from 2020 through August of this year.
By fiscal year, there are 1,207 cases in 2020, 1,291 cases in 2021, 11 cases in 2023, and 14 cases in 2024.
A total of 77 people were also investigated for suspicion of malicious trademark preemption during this period.
In particular, in 2020, amid the COVID-19 virus pandemic and the digital transformation, 21 people were newly designated for alleged malicious trademark preemption.
In 2021, a nail art company applied to trademark the neologism "Borahae," which had been used by "BTS" and its fan club "ARMY," and withdrew it.
This is a representative example of malicious trademark preemption. "Borahae" is a word that BTS's V made up on the spot during a BTS fan meeting in November 2016.
Fans covered the official BTS light stick, ARMYBOMB, with purple film, filling the concert hall with purple.
V was so touched that he said "Borahae" and that's how it all started. When "Borahae" became famous, a nail art company tried to apply for a trademark for it, but after ARMYs continued to protest, the company
The company withdrew the trademark application along with an official apology. In addition, in 2019, a third party was found to be using the character "PENG SOO" from the EBS YouTube channel "Giant Pen TV" as a trademark.
In 2019, a third party applied for a trademark registration for the name of a famous trot singer, "SONG GAIN," but the application was rejected due to negative intent.
The application was rejected on the grounds of a third party's statement and confusion. Rep. Heo said, "Malicious trademark preemption wastes administrative power and stifles creative entrepreneurship.
"Strong sanctions are needed against applicants who repeatedly engage in this behavior, and it is also urgent to establish compensation and protection measures for victimized companies and businesspeople."
2024/10/01 16:24 KST
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