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ATTRAKT Has Secured the Trademark Rights of FIFTY FIFTY
Joseph Hwang
In the previous article, I reported that the idol group FIFTY FIFTY will return in September this year as 5 reunited members are the original member Keena and 4 new faces selected through an audition except for the former 3 members.
The exclusive artist management company of FIFTY FIFTY, ATTRAKT Inc., has registered the trademark rights of FIFTY FIFTY with the Korean Intellectual Property Office in Korean and English. ATTRAKT is also applying to 30 other countries; some applications in other countries have already registered the trademark rights of FIFTY FIFTY.
Registering the names of celebrities as trademark rights with the Patent Office in South Korea is a kind of hard work for the regulations of the Trademark Act. Basically, the Patent Office denies or rejects the application of trademark rights using the terms of celebrities’ names. Granting the right of ownership for certain legal entities, such as trademark rights, grants an exclusive right of use that the unauthorized will never use. That’s why the Patent Office never grants the trademark using the famous person’s name for the following reasons: in cases where (i) there is already a famous co-named celebrity, notwithstanding it is possible if the celebrity agrees to register the trademark as his/her name, (ii) there is already an earlier registration of the same name. This provision also prohibits illegal infringement against other good registrants and protects them.
Therefore, the Korean Trademark Act stipulates that “Article 34 (Trademarks Ineligible for Trademark Registration) (1) Notwithstanding Article 33, none of the following trademarks shall be registered: 6. Any trademark containing the name, title, or trade name, portrait, signature, seal, literary name, stage name, pen name of a prominent person, or his/her abbreviated title: Provided, That where the consent of such person has been obtained, trademark registration may be obtained”.
For this reason, FIFTY FIFTY’s artist management company, ATTRAKT Inc., had filed the Exclusive Artist Management Agreement with the authorized Letter of Consent from Keena, a member of the FIFTY FIFTY idol group, to the Korean Intellectual Property Office. This trademark registration is so crucial for the global activities of FIFTY FIFTY worldwide. Keena’s consent and cooperation seem to be of vital help to the company and the team.
* References and quotations:
https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=203191&viewCls=engLsInfoR&urlMode=engLsInfoR#0000
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