IP Insight

Usually, when we buy sneakers, we go to our favorite store and buy our favorite brand of sneakers. In other words, one chooses his/her favorite sneakers from his/her favorite brand store. The preferred sneakers are protected by a brand, whereas the appearance of sneakers can be protected by the design of sneakers.

Thus, how is design different from brand?
What you want to protect immediately is different.

The term "design" means "the shapes, colors, or combinations thereof that makes you feel an aesthetic sense through vision." Therefore, a design right is a right to the appearance of the whole or part of the article (Article 2, Paragraph 1 of the Design Protection Act).

The term 'trademark' refers to 'symbols, letters, shapes, three-dimensional shapes, colors, holograms, actions, or a combination thereof, or sounds or smells' that one uses to identify one's product from another's product. Therefore, a trademark is not a right to the shape of the product itself, but a right to a particular 'mark' that is attached to the product or used in advertising, etc. (Article 2 (1), 1 of the Trademark Act).

In other words, if the brand of sneakers is protected by a trademark right, the unique appearance of sneakers is protected by a design right. Thus, it would be recommended to pay attention to various design rights of things we use daily.

For more information, please check the Attorney Jaeyong Ryu’s column, Partner at THEWAVE IP Law Firm.
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Partner, Patent Attorney Jaeyong Ryu
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Contact : info@thewaveip.com