The Korean Intellectual Property Office on Tuesday released a statement to dispel the latest concerns that the trademark for “Pengsoo,” a YouTube celebrity penguin character, may be acquired by an irrelevant third party.

“An increasing number of third parties have been submitting trademark applications (ahead of the original content creators), seeking to make profits,” the IP office said.

“Following news reports related to the Pengsoo trademark issue, we felt the need to clarify and disclose the truth to the concerned public.”

 

“Following news reports related to the Pengsoo trademark issue, we felt the need to clarify and disclose the truth to the concerned public.”

In late December, KIPO uploaded a video on its YouTube channel addressing the latest trademark disputes on popular characters, including Pengsoo.

EBS, the educational broadcasting channel that operates Giant Peng TV, came in for trouble as a third party beat it to the punch in applying for the Pengsoo trademark. EBS is currently preparing legal action to deter the applicant from acquiring the trademark rights, officials said.

The broadcaster submitted trademark applications for images of the character in September, but it was only in November that it made the move to register the character itself. The action came eight months after Giant Peng TV kicked off and more than a week after the disputed third-party application.

As concerns mounted that EBS may not assert its rights over the celebrity penguin, KIPO explained that trademark registration by the third party may be denied, should the applicant turn out to have improper intention. In this given case, as the character and its channel gained popular recognition before the trademark application, it is likely that the registration will not be approved, according to officials.

“But the latest case also marks the importance of trademark registration in the early stage (of business),” the office said.

By Bae Hyun-jung (tellme@heraldcorp.com)