Samsung Pharm won second trial with Samsung Electronics

The Patent Court of Korea ruling against the plaintiff in the trademark registration invalidation lawsuit filed by Samsung Electronics

Samsung Pharm won the second round of the trademark dispute with Samsung Electronics over the name of 'Samsung'.

 

Like the first trial, the second trial court admitted that Samsung Pharm had used the name Samsung for a longer time.

 

Corporate CI of Samsung Pharm & Samsung Group (Data: the KIPO)

The Patent Court of Korea ruled against the plaintiff in a lawsuit for invalidation of trademark registration filed by Samsung Electronics against Samsung Pharm on the 24th.

 

Like the first trial, the Patent Court of Korea sided with Samsung Pharm.

 

The issue was that as Samsung Group's 'Samsung' is a more well-known and well-known trademark to the public, Samsung Electronics argued that the trademark newly registered by Samsung Pharmaceutical in 2015 should be invalidated.

 

Accordingly, the first trial sided with Samsung Pharm.

 

The point of the trial decision is that Samsung Pharm has been using the name ‘Samsung’ for a longer time than Samsung Electronics.

 

◆1929 vs 1938, "Samsung Pharm precedes Samsung Chamber of Commerce" Samsung Pharm started with 'Samsung Pharmaceutical', established in August 1929.

 

Then, in 1963, it changed its name to 'Samsung Pharmaceutical Industry Co., Ltd.'.

 

In July 2014, the company changed its name again to the current 'Samsung Pharmaceutical Co., Ltd.', and in December of that year, 'Samsung Pharmaceutical Healthcare Co., Ltd.', a health functional food manufacturer, was established.

 

The Patent Tribunal explained that "Samsung Pharmaceutical was established before the Samsung Group, and the abbreviation of Samsung Pharmaceutical has been recognized among domestic general consumers and traders as they have been using the trademark for over 90 years." On the other hand, in the case of Samsung Electronics, it was established in 1938 by 'Samsung Chamber of Commerce'.

 

It means that Samsung Pharm was established nine years before Samsung Electronics.

 

The Intellectual Property Trial and Appeal Board explained that Samsung Pharm was established before the Samsung Group, and the abbreviation of Samsung Pharm has been recognized among domestic general consumers and traders as they have been using the trademark for over 90 years." Regarding the reputation of the trademark, "Samsung Group's pharmaceutical business will be recognized by general consumers as 'Samsung Bio' or 'Samsung Biologics'.

 

He judged that it will be recognized as a different concept.

 

In the case of the second trial, the ruling has not yet been disclosed, but it is said that the ruling was generally made with the same purpose as that of the first trial.

 

◆Samsung Pharm succeeded in defending all three brands of the first and second trials There are a total of three trademark rights that have problems.

 

There are two 'Samsung Pharm since 1929' and one 'Samsung Pharm Healthcare' with slightly different designs.

 

Samsung Pharm applied for three trademarks in March 2015.

 

It was an application to protect the brand of Samsung Pharm Healthcare, a subsidiary established in December of the previous year.

 

At the same time as the filing, the Samsung Group filed an objection.

 

The KIPO accepted the objection and rejected the registration.

 

In January 2016, Samsung Pharm filed a trial requesting that the decision to reject it be canceled, and the KIPO accepted Samsung Pharm's argument.

 

After twists and turns, three trademarks of Samsung Pharmaceutical were officially registered.

 

Then, this time, Samsung Electronics insisted on the invalidation of the trademark.

 

However, Samsung Pharm succeeded in winning the trademark right as the KIPO and the Intellectual Property Trial and Appeal Board did not accept Samsung Electronics' claims.

 

It has not yet been decided whether Samsung Electronics will appeal to the Supreme Court over the results of the second trial.