It will take about a week for me to write my next post (the readers will see why when I post it) so meanwhile, here's my take on the TVXQ's trademark issue.
Some fans claim that SM and HoMin cannot use TVXQ name because the Korean patent office denied SM's application to trademark the name.
Yes, it is true that SM's application is denied, but does that mean SM cannot use the name?
No. The trademark gives its owner EXCLUSIVE rights to use the name prohibiting others from using the name. Since no one has exclusive rights to the name currently, anyone can use it. If CJS wants to use it they can, but in reality, they cannot because it's the entertainment industry's custom for the company to own the name of the group it created. Also CJS is still in the lawsuit which means they're technically under contract with SM. The injunction only gave CJS the freedom to work individually, but to work as TVXQ, they need to do it with SM. Remember, TVXQ wasn't formed by the members themselves. They were picked by SM from many of its trainees and the group's name was created by SM as well.
Also, the 5 members' stage names are trademarked by SM (U-Know, Max etc.), and the 4 letters "TVXQ" also belongs to SM as well. SM just could not get the Chinese "東方神起" trademarked. The simplified Chinese "东方神起" is also owned by SM for the audio products (CD, mp3, Vynil etc).
Korean trademark info can be searched from here: http://www.kipris.or.kr/kor/main/main.jsp
Notice there was a bakery that tried to register "동방신기" which I thought was funny. I guess they wanted to sell TVXQ bread. :)
You need all 5 members' consent for SM to trademark the names. SM did get the permission of all 5 members but the application was denied because the members were minors, and SM needed the members' parents' permissions as well. The latest news I read regarding the trademark was that SM withdrew the application to add more information/data to the application.
Once the lawsuit is over, CJS won't have anything to do with TVXQ because if CJS win, they won't be in TVXQ any more, and if they lose, then they'll be under SM or quit after paying the breach of contract penalty.
BTW, do the readers know on what items those trademarks were initially applied for? It was applied for miscellaneous items like belts, dolls and hats etc. So basically, SM just tried to lock the trademark to prevent anyone from selling those cheap items after slapping TVXQ name. Also, do you know when those trademarks were applied? 2006. Yup, that's when TVXQ had 5 members. Since TVXQ only consists of 2 members now, I am sure if SM were to apply for the trademarks with the consent of Yunho and Changmin, they'll get it. It's just simply ridiculous to claim that SM cannot use the name just because their trademark application was denied because of technicallity. It's just another twisted lies spread by some fans to discredit SM and the TVXQ.