Recent Revision to Korean Trademark Law
June 2010
Presented by Duk Yeul Baek
Patent 100 SIPPT
The Korean Trademark Law was recently amended and the major points of the revision are to permit a divisional payment of a trademark registration fee, to simplify a renewal procedure of a trademark registration, to provide objects of a preferential examination and to introduce an amendment by ex officio. These revisions are effective on July 28, 2010. The followings are brief explanation of the major revision:
1. Permission for a divisional payment of a trademark registration fee
A trademark registration fee may be paid divided into two times. If the second payment is not made by the prescribed term, a trademark right expires after five years from the registration date.
2. Simplification of trademark renewal procedures
A trademark right is renewed only by a payment of a renewal fee and a filing of a renewal application within a prescribed term.
3. Provision of objects of preferential examination
A preferential examination is allowed when it is recognized that an applicant of a trademark application is using an applied for trademark on all the designated goods; when it is recognized that a petitioner of a cancellation trial based on non-use filed an application within a priority term; when it is recognized that an applicant of a trademark application is apparently preparing use of an applied for trademark on all the designated goods.
4. Ex officio amendments of descriptions and classes of designated goods
The examiner may amend descriptions and classes of designated goods at the time of rendering a decision of publication if there are any clear erroneous contents. In order to amend descriptions and classes of designated goods ex officio, the examiner must notice the applicant the matters to be amended ex officio together with the service of a decision of publication and, if the applicant submits any arguments against such notice, the amendments will be retroactively annulled.
DATE :
13-05-18
