spot_img

K-beauty IP β€” US Intellectual Property Trends for Korean Brands

K-beauty IP
Patent Agent Youngil Lee is a registered patent agent with the US Patent and Trademark Office (USPTO) who has worked at ACI Law Group for over 10 years, handling more than 1,700 intellectual property cases including US patent and trademark applications, oppositions, and cancellations as a practice-oriented expert.

Until a few years ago, the majority of trademark application requests in the Korean-American intellectual property (IP) market in the US were for Korean food brands. Not anymore. K-beauty IP is now forming the biggest trend, and with consultations from Amazon sellers and AI and software developers added to the mix, the very landscape of IP consulting is being reorganized. One of the law firms watching this change most closely is ACI Law Group, PC (represented by Managing Attorney Jin-Jung Kim).

Established in 2005, ACI is a comprehensive law firm based in California, with its headquarters located in La Palma, Orange County.

Its specialized practice areas consist of four main pillars: Intellectual Property Law, Business Litigation, MaritimeΒ·International TradeΒ·Customs Law, and Food Safety Law. The firm has accumulated extensive experience representing clients before federal government agencies such as the US Patent and Trademark Office (USPTO), Customs and Border Protection (CBP), and the Food and Drug Administration (FDA). Emphasizing a "law firm tailored to the global economic era," ACI highlights its comprehensive support for Korean companies and Korean-American businesses throughout their entire entry process into the US market. The intellectual property sector has been the fastest-growing area over the past few years. ACI Law Group has handled over 2,000 intellectual property application tasks, growing it into a core practice area.

β–Ά US Patent Agent Youngil Lee, US Congressional Recognition in 2017

Leading this intellectual property sector is US Patent Agent Youngil Lee. He serves as the Vice President of ACI Law Group and is a registered patent agent with the United States Patent and Trademark Office (USPTO). He is also actively engaged as a patent application agent for the Korea Agro-Fisheries & Food Trade Corporation (aT) localization support project, a professional advisor for the aT K-Food Export Consultation Center, a qualified support project contractor for the Korea Intellectual Property Protection Agency (KOIPA), and a KOTRA global regional expert, placing him in a position to oversee support projects and practical operations in both South Korea and the United States.

Looking solely at his background, his starting point was far removed from intellectual property. He worked for five years as an R&D engineer in the electrical, electronic, and communications field in South Korea and participated in a military equipment localization development project for the Agency for Defense Development (ADD). ACI Law Group first proposed that he join them in 2015. Although he initially turned it down because the field was too different, he accepted when a second offer came the following year. After collaborating with the firm's attorneys, handling case support tasks, and engaging in law firm marketing, he passed the US Patent Bar exam, which is open to engineering majors.

β–Ά From Korean Food to K-Beauty: The Shift in Trademark Applications

The nature of consultations landing on the desk of ACI's intellectual property department has changed noticeably over the past few years. The first change is the category shift in trademark application demand. While trademark applications for Korean food brands were once overwhelmingly dominant, beauty brands now form the largest axis. Patent Agent Lee noted, "I have seen many cases where ordinary-looking cosmetics and fragrance brands steadily filed multiple trademarks before drawing massive attention through a large-scale pop-up store in Seongsu-dong, Seoul. Finishing trademark applications before launching a brand is now close to common sense."

The second change is the rapid increase in Amazon sellers. Trademark registration is practically essential for selling under one's own brand on Amazon. As the Amazon seller ecosystem expands, continuous inquiries regarding trademarks are coming from sellers. "For those looking to become Amazon sellers, filing a trademark is not a choice but an entry requirement," he pointed out. Because conflicts with already registered brands can jeopardize the seller account itself, the importance of preliminary searches is also growing.

The third change is the surge in patent inquiries driven by the use of AI. "In the past, people considered patents themselves to be difficult, but nowadays they come in after developing ideas using AI tools. The barrier to entry for invention has lowered a lot," is how he explained it. However, he added one condition: "If it remains at the idea stage, it is difficult to protect it with patents. Protection only becomes practically meaningful when it leads to concrete technical implementation, not just simple ideas."

The advice Patent Agent Lee consistently emphasizes is ‘timing.’ Applying for a trademark after launching a brand, or pondering a patent after putting a product on the market, is often already too late.

This is because trademark rights grant examination priority to the first applicant, and the principle for patents is also to file before disclosure. "This timing is the point Korean companies most frequently miss while preparing to enter the US market. Trademarks and patents should not be low priorities in a business plan; they need to go on almost the very first checklist," he emphasized.

β–Ά Integrated Consultation from Corporate Establishment and Commercial Law to Food Safety

ACI's strength lies in the fact that intellectual property work does not end in isolation but connects directly with the firm's comprehensive legal services. Consultations starting from trademark and patent applications naturally expand into corporation establishment, commercial and corporate law, labor law, maritime and international trade, and food safety regulations. This structure allows complex legal issues encountered by Korean companies entering the US market for the first time to be handled comprehensively within the firm. Patent Agent Lee stated, "Many of the people we meet initially come to us with a single problem, but as they develop their business, multiple legal issues often arise simultaneously. Having a structure where we can collaborate with specialized attorneys in each field is our greatest asset."

At the end of the interview, he touched upon ‘timing’ once again. "Protecting brands and technologies in the US market is far more economical through preemptive design than ex-post response. Designing trademarks and patents together from the early stages of business is the most certain investment."

— US ACI Law Group (ACI Law Group, PC)

— Address: 6 Centerpointe Dr, Ste 630, La Palma, CA 90623

— Contact: (714) 522-3300

— Website: www.acilawgroup.com