The Korean Intellectual Property Office (KIPO) recently granted registration to Korean Ginseng Corporation's ("KGC") "" mark consisting solely of colors ("Subject Mark"), under Classes 5 and 29. Since the introduction of color marks in July 2007, only one other trademark consisting solely of colors has been registered in Korea, the "" mark of RiGO Trading S.A., the company known for Haribo Jelly. With the registration of the Subject Mark by KGC under Classes 5 and 29, Korea now has registered three trademarks that consist solely of colors.

Under trademark practice in Korea, trademarks consisting solely of colors are not considered to be inherently distinctive, and are generally very difficult to register. However, such registrations are possible where "acquired distinctiveness" by use can be demonstrated.

The Subject Mark had been rejected by KIPO on the grounds that consumers would recognize it as a design and therefore would not be able to identify it as being associated with a particular business. KGC appealed KIPO's decision, and the Korean Intellectual Property Trial and Appeal Board held that the Subject Mark had a unique color composition not commonly found within the industry, and since KGC had been using the above mark to sell the following products over a substantial period of time, the Subject Mark had acquired distinctiveness from use and could therefore be registered.