Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

Reconsidering the Principle of Disclosure and Ensuring Consistency with Strategic Protection: A Study on the Need for Introducing an Optional Disclosure System for Trademark Applications

Deputy Director, Office of Examination Quality Assurance, Republic of Korea

Correspondence to Sunha Park (parksunha2022@gmail.com)

Volume 21, Number 3, Pages 101-122, September 2026.
Journal of Intellectual Property 2026;21(3):101-122. https://doi.org/10.34122/jip.2026.21.3.101
Received on March 16, 2026, Revised on March 23, 2026, Accepted on September 04, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

While the Korean Trademark Act does not explicitly mandate pre-registration disclosure, trademark application data are currently published through KIPRIS immediately after filing. Although this operational approach facilitates trademark searches and third-party monitoring, the lack of a clear legal basis and a defined scope of disclosure raises concerns regarding procedural predictability. Rapid advancements in the digital environment have enabled trademark information to spread at an unprecedented speed. These developments increase the risk of “Trademark Spoilers,” whereby a company’s branding or business strategies are prematurely exposed, imposing unexpected burdens on applicants. This study argues that the immediate disclosure of trademark application data is a matter of policy choice rather than an essential element of the trademark system. Accordingly, it proposes the introduction of a “Selective Trademark Disclosure System,” which would allow applicants to choose the timing of disclosure within a specified period. To prevent institutional abuse, the system is designed to incorporate an automatic disclosure mechanism after a specified period (e.g., one year), ensuring that non-disclosure does not persist indefinitely. Such a framework would protect less-experienced applicants while enhancing predictability for third parties, ultimately providing a viable policy alternative that promotes greater consistency in the trademark law system.
Keywords

trademark application disclosure, information asymmetry, trademark spoiler, optional disclosure, brand protection

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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