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Trademark & Design
Trademark & Design
Overview
Trademarks and designs are core rights that shape brand value and market credibility. At the registration stage, distinctiveness and similarity judgment, and the formulation of use strategies, are the starting point for dispute prevention. In disputes such as infringement, invalidation, and cancellation for non-use, evidence securing and practical strategies determine success or failure. When expanding domestically and internationally, rights management reflecting the differences in country-specific systems is required. The LIN IP Team provides integrated services encompassing branding and dispute response.
Key Services

Trademark and design application/registration and domestic/international rights strategy

Trademark/design infringement response (injunctions, litigation, criminal action) and defense

Invalidation, cancellation, and non-use cancellation trials, and trial decision revocation litigation

Trademark management advisory for brand licensing, franchising, and related matters

Legal risk review for packaging, advertising, and brand renewal processes

Key Experience

<Trademark>

1. Simultaneous Civil and Criminal Response

  • Response to investigation under the Trademark Act related to similar trademarks of a famous Japanese brand

  • Obtained a decision not to indict (no charges) from the case sent to the prosecution with an opinion to indict

  • Received return of all seized items and continued business operations

  • Conducted trademark registration invalidation trial and subsequent trial decision revocation litigation regarding trademark rights

2. Substantive Advisory on Branding

  • A client experiencing trademark registration invalidation disputes

  • Advised on trademark strategy in light of recent business expansion