The Trademark MUMUSO.KR and the Protection of Vietnamese Consumers' Rights

Abstract

In accordance with the Korea Trademark Act, the trademark MUMUSO.KR (MUMUSO with insignia ".KR" inside of the letter "O") was granted protection by the Korean Intellectual Property Office under Korean Certificate of Trademark Registration No. 401141318 on November 06, 2015 (filing date December 18, 2014, registration date November 06, 2015).1 The mark is also granted protection in Vietnam in accordance with the Vietnam Intellectual Property Law and Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) under International Registration No. 1330965, and valid up to November 18, 2026.2 The trademark owner is MUMUSOKR Co. Ltd. established in Seoul. MUMUSO.KR mark is not used in Korea. However, this mark has been in use in Vietnam by MUMUSO Vietnam Export - Import Co. Ltd. (MUMUSO Vietnam). It has opened more than 20 MUMUSO stores countrywide. MUMUSO’s products include: Health and beauty care products, clothes and accessories, house-wares, electrical and electronic equipment. Almost MUMUSO's goods are China-made goods. But the MUMUSO's stores use the trademark MUMUSO.KR in combination with Korean indication and the slogans of “Korean fashion style”, “Coming from Korea”, “MUMUSO is typical for a simplicity, model and healthy living of Korea style” to cause the confusion about MUMUSO's product origin.3 Further, the appearance of MUMUSO's goods is relatively familiar with Korean goods and Vietnamese consumers believe that these products are of Korean quality albeit being made in China. This article will analyze legal aspects concerning MUMUSO.KR mark, legal grounds for trademark use in Korea and Vietnam and the protection of consumers' rights from the use of confusing mark of MUMUSO.KR origin.