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Trademarks and service marks are protected in the Republic of Korea under the Trademark Act; and for such protection, marks should be registered with the Korean Intellectual Property Office (KIPO).
Any person who uses or intends to use a trademark in the Republic of Korea may file an application for the registration of a trademark.
If the applicant fails to submit specimens of the trademark or power of attorney at the time of filing the trademark application, KIPO will issue a notice of amendment with a designated time limit to the applicant.
A trademark application may be filed for the registration of a trademark for goods or services which fall under several classes in accordance with the Nice Classification. The right of priority can be claimed in a trademark application for an applicant whose country of origin is part of the Paris Convention or under a bilateral agreement between the two relevant governments or on a reciprocal basis.
Once the application has satisfied such requirements, KIPO assigns an application number and examines it against the formality requirements of the Trademark Act.
Unlike patent or utility model applications, trademark applications are automatically examined in order of their filing date.
Once a trademark application is published in the official gazette, the “Trademark Publication Gazette,” any person may file an opposition within two months (non-extendable). Upon decision of the trademark registration, an applicant can apply for establishment registration of the trademark right after paying the registration fee within the specified period. The legal remedies against infringement of a trademark right or exclusive license mainly include civil injunctions, claims for damages, claims for credit recovery, and possible punishment for the infringer based on criminal liability.
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.


In the event that the trademark registration application is included in the grounds for rejection, the grounds for rejection are informed in writing and the opportunity to submit the argument is granted for a specified period of time. An applicant may reconcile the grounds for rejection by submitting evidence or opinions in support of their argument within the predetermined period, or by submitting an amendment to delete the designated trademark infringing on the cited trademark. In the event that the examiner finds grounds for rejection stated in the Trademark Act and informs the applicant by submitting the written opinion, but the applicant does not amend the grounds for rejection, the examiner may decide to reject the application.
The patent court decides upon actions against a trial decision of the Intellectual Property Tribunal and actions for cancellation of trial decisions of the Species Protection Appeals Committee in the Ministry of Agriculture and Forestry. The Supreme Court of Korea, the highest institution of the judicial branch, delivers the final ruling of a trial unless a new trial is applied for. The use of a trademark is not a prerequisite for filing an application for the registration of a trademark. The priority document must be submitted within 3 months from the filing date of the trademark application in the Republic of Korea. However, under Article 22-4(2) of the Trademark Act, the commissioner of KIPO may grant priority to trademark applications which satisfy certain requirements. A notice of opposition containing a brief statement on the grounds for opposition must be submitted within the first thirty days.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. The representative patent litigations of the patent court include appeals of trial decisions of the Intellectual Property Tribunal on the grounds for rejection, patent invalidation, trademark registration cancellation, and request for trials.


Although the Trademark Act does not protect unregistered marks,  it does provide protection of well-known or famous marks by restricting the registration of an identical or similar mark.
If the applicant does not comply with the requests for amendment, the trademark application will be nullified. The examination of a trademark application generally takes about 11 months from its filing date. Then, the opponent may amend, add or supplement the grounds for opposition within the next thirty days.
Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
There is no course of action  against infringement of a well-known or famous unregistered trademark under the Trademark Act, but action may be pursued under the Unfair Competition Prevention Act. Such trademarks, however, will be subject to cancellation if they remain unused for three or more consecutive years after their registration.



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Author: admin | 20.08.2014 | Category: Options Trading Account


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