Not too long ago, warning letters have been despatched to many eating places in Chowol-eup, Gwangju-si, Gyeonggi-do telling them to not use the identify ‘Chowol’ as it’s registered as a trademark . The one that submitted this warning letter was an individual who beforehand ran a restaurant in Seoul that contained the phrase ‘Chowol’ however now not makes use of the trademark. When the dispute arose, the authorized consultant of the proprietor of the ‘Chowol’ trademark mentioned, “We won’t take concern with Chowol-eup.”
On the eighth, a narrative was reported in Chowol-eup that every one eating places utilizing names containing ‘Chowol’ acquired warning letters. The one that despatched the warning letter was a legislation agency commissioned by Mr. Shin, who registered the trademark ‘Transcendence’ naming eating places, and so on. on April 5, 2021.
Mr. Shin requested that the identify of the corporate ‘Chool’ be eliminated and deleted from retailer indicators, residence pages, web search outcomes, and so on., and a fee of three million it was gained as settlement cash for the corporate’s use of the corporate identify till now. He mentioned that if this was not paid, he would file a lawsuit claiming all earnings from trademark infringement as damages.
The world of Chowol-eup, Gwangju-si, Gyeonggi-do. / Ngju Metropolis
Restaurant house owners in Chowol-eup expressed their frustration, saying, “The neighborhood is Chowol, so Chowol Mart and Chowol Tofu Restaurant are all Chowol, so what you need us to do it?” There have been additionally many enterprise house owners who had been operating eating places earlier than 2021, when Mr Shin registered the trademark ‘Transcendence’. It’s mentioned that despite the fact that the phrase ‘Chowol’ was not within the identify of the corporate, he acquired a warning letter despite the fact that he solely talked about ‘Chowol ㅇ ㅇ Restaurant’ on the portal website to differentiate it from comparable firms.
It’s reported that Mr. Shin ran a restaurant known as ‘Chowol’ in 2021 and that it closed in July 2023. An official from a restaurant by that identify informed SBS’s ‘Curious Story Y’ that aired on the twenty fourth, “(Shin) is aware of the proprietor, and so they labored collectively at first, however they determined to offer it up, so now he is the proprietor. A unique retailer.” A few 12 months in the past, when a restaurant named ‘Chowol’ was demolished, Mr. Shin filed an software to cease the usage of the identify and compensation for damages as on account of trademark infringement, despite the fact that it was not at the moment related to the restaurant.
Mr. Shin informed the manufacturing workforce, “I used to make use of that trademark, however I do not do it anymore.” He mentioned, “I do not know why you retain increasing your enterprise like this, however what are we going to do taking cash from our grandparents?” He mentioned, “What I used to be coping with was not the folks of Chowol-eup, however a licensing firm.” He continued, “Since I personal the trademark ‘Transcendence’, I warning letter to the franchise firm, however when the worker chosen the checklist, every part (the warning letters) went out.
Nonetheless, the state of affairs of the licensing firm that used the ‘Chronicle’ trademark was completely different. The corporate mentioned, “We aren’t a restaurant enterprise, however a retailer that sells completed merchandise. “We’ve our personal model trademark and we have been the primary to use for a patent,” he mentioned. He continued, “(Mr. Shin) additionally talked about Chowol-eup to us,” and “He mentioned, “There are just one or two eating places, and I’ll disturb all of them,” however now the information is there. out, he appears to be altering his phrases.”
Restaurant house owners suspected it was for ‘settlement cash enterprise’. When a restaurant proprietor in Chowol-eup mentioned he would change the identify, the legislation agency that issued a warning mentioned, “Simply maintain utilizing (the identify) for 3 million gained. He mentioned, “Is it attainable to get about half of it?” and informed them to proceed utilizing the signal as a result of they would scale back the settlement quantity.
Trademark Chowol-eup, Gwangju-si, Gyeonggi-do. /SBS ‘Curious Story Y’
Nonetheless, the authorized consultant of the trademark proprietor ‘Chowol’ mentioned, “The content material certification payment alone prices a number of million gained, so even when we get a settlement, what is going to we get?” if a giant model license comes from ‘Chowol’ sooner or later, issues might come up. “So, we’ll take this chance to type it out,” he defined.
The Korean Mental Property Workplace mentioned it is very important show that it has been used earlier than registering the ‘Transcendence’ trademark. An official on the Korean Mental Property Workplace mentioned, “It will be too restrictive to say that not all place names can be registered as emblems.” He added, “The way in which to guard a enterprise identify below trademark legislation is to acknowledge advance consumer rights for many who use it first.” He continued, “Regardless of how freely you’ve got the appropriate to make use of a commerce identify, you can’t infringe on the rights of others,” he mentioned, “So, you will need to first guarantee that the suitable trademark exists .”
A restaurant in Chowol-eup is in search of a judgment to cancel Mr. Shin’s trademark registration for ‘Chowol’. Because the dispute escalated, Mr. Shin’s authorized consultant mentioned by way of ‘Curious Story Y’, “I spoke intimately with the patent lawyer, and we agreed to withdraw all warning letters from -Chowol-eup enterprise property. There can be no quarrel with Chowol-. oops.”
2024-05-25 05:01:00
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