인디브랜드페어 참가 한국 신진패션디자이너의 상표권관리에 관한 연구 -중국 상표권 출원 사례를 중심으로-

This study aims to examine the trademark issue as the essential and the first step of brand management in the domestic and maritime markets. And based one the research findings, improvements of support policy for new fashion designers are proposed. As research method, 315 new fashion designer brands participating Indie Brand Fair were selected. Basic information of new fashion designer brands (launching year, designer name, brand name) and trademark application information of Korea and China were used. The data on domestic trademark applications were collected by the Korean Patent Office and the Chinese trademark application information was collected from April 20 to April 30, 2019. As the first step of analysis, three groups were divided by the state of application in Korea and/or China. As the second step, whether the same/similar brand names are exist in Chinese trademarks and background of the Chinese trademark holders were analyzed. Totally, nine types were classified. As the result, 14.9% of brands executed both Korean and Chinese trademark applications(type 1,2,3), 51.4% applied only for Korean trademark but not apply for Chinese trademark applications(types 4,5,6), and 33.7% of new designer brands(type 7,8,9) did not apply for Korean trademark. In other states of Chinese trademark analysis, 45.7% of new designer brands were not registered by any applicant in China(type 1,4,7), but 30.8% of brand names were already registered by the Chinese companies long before the Korean designer launched their brands that might be treated as the trademark infringement by the Korean designers. On the other hand, 23.7% of new designer brands were filed by trademark brokers, which might cause serious financial and marketing risks. Based on the results trademark, it is recommended that new fashion designers should file trademarks as soon as they launched brands. And also, trademark application in other potential foreign market should be done simultaneously. However, trademark search in Korea and in global market should be done before they decide their brand names in other to avoid trademark infringement. Finally, continuous trademarks monitoring in foreign countries should be executed. As a suggestion for the development of policies to support Korean up-and-coming designers, education on intellectual property rights, including trademarks, should be essential before the brand name. In addition, for new designers to enter overseas markets, it will be necessary to educate them on the understanding of trademark-related systems and cultures of potential overseas markets from the stage of branding and to provide specific customized support for them.