[Law Firms Now] YK Selected to Handle Overseas Filings and Registrations of K-Brand Certification Marks in 39 Countries

Supporting the Government's K-Brand Certification System
2 countries in North America, 7 in Latin America and 30 in Europe
Seeking to secure rights to national certification marks
Developing country-specific filing strategies through local resear

YK Law Firm, led by managing attorneys Kang Kyunghoon and Kim Beomhan, has been selected as the service provider for overseas applications and registrations of K-brand certification marks.

YK Law Firm announced on October 14 that it was selected in September as the service provider for overseas applications and registrations of K-brand certification marks, in a project commissioned by the Korea Intellectual Property Protection Agency. It will handle applications and registrations of national certification marks in 39 countries across Europe, North America and Latin America.

From left, Choi Minseok, managing partner and patent attorney at iBird Patent Law Firm; Kim Dongseop, partner attorney at YK Law Firm; patent attorney Kang Seongjin; and Jeon Sukhyeon, partner patent attorney at Seongam Patent Law Firm, along with other members of the consortium for overseas applications and registrations of certification marks for K-brands, pose for a commemorative photo after a working meeting at YK Law Firm’s main Gangnam office on the 6th. YK Law Firm

For this project, which is part of an initiative to secure overseas rights for the government’s K-brand certification program, YK Law Firm formed a consortium with Seongam Patent Firm and E-Bird Patent Law Firm.

The project covers a total of 39 countries: two in North America (the United States and Canada), seven in Latin America (Mexico, Panama, Colombia, Brazil, Peru, Chile and Argentina), and 30 in Europe (the United Kingdom, Switzerland, Norway and the 27 EU member states). The consortium will pursue applications and registrations in those countries covering 39 classes of goods and services and approximately 2,400 designated goods.

The Ministry of Intellectual Property’s government certification program for K-brands officially went into effect on October 7. It was introduced in response to concerns that individual companies alone would be limited in their ability to counter the spread of counterfeit K-brand products overseas and the unauthorized preemption of trademarks.

According to data released by the OECD in 2024, the global distribution of counterfeit K-brand products is estimated to be worth approximately 11 trillion won. The program’s core aim is to establish a system in which the government directly holds the rights to national certification marks and takes action against counterfeit products.

Before the program took effect, the Ministry of Intellectual Property completed domestic applications for the national certification marks in September and plans to complete overseas applications in 73 major export markets by the end of the year. To date, 31 companies, including Samyang Foods, Amorepacific and Korea Ginseng Corporation, have applied to participate.

Once rights to the national certification marks are secured overseas, the government will be able to exercise trademark rights within the scope set out in each country’s laws. The marks can also be used to combat counterfeit products through measures such as crackdowns coordinated with local investigative and enforcement agencies and the suspension of customs clearance.

YK Law Firm has participated in legal advisory work and research since the development of the government’s K-brand certification program. In February, it advised the Ministry of Intellectual Property on whether the certification criteria comply with international trade rules and on how to administer certification marks. In March and April, it conducted the Korea Intellectual Property Protection Agency’s “Study on the Administration of National Certification Marks,” examining issues under international trade law and options for overseas applications and registrations.

Unlike trademark applications by private companies, applications for certification marks filed by a government must take into account each country’s system and requirements. Since countries differ in whether they have a certification mark system, who is eligible to apply and how operating regulations are reviewed, the appropriate type of rights and application route must be designed separately to fit each country’s legal framework.

Accordingly, before the project began, YK Law Firm consulted local representatives in all 39 countries to examine their respective systems and application procedures. Based on that research, it developed country-specific rights and application strategies and is proceeding with applications in stages. It will also manage the registration process.

A representative of YK Law Firm’s Intellectual Property Center said, “A foundation has been established for the government to join as a trademark holder in addressing overseas counterfeit products, an issue that individual companies have had to tackle on their own. Drawing on our experience in researching related systems and providing legal advice, we will work to secure rights to national certification marks in all 39 countries without disruption and provide practical support for protecting Korean companies’ brands overseas.”

This content was produced with the assistance of AI translation services.