2023 years 10 month 6 day, South Korea's National Assembly passed a new one "Trademark law" amendment, These include the introduction of high-profile consent forms (letter of consent) System and other important content. These amendments will be published in the near future, It is expected to be enacted 6 Months Later, namely 2024 years 4 Effective January. This article highlights some notable fixes.

1, Introduction of consent system

Under current "Trademark law" , Consent cannot be used in response to prior reference (senior mark) The use of means for reviewing submissions. therefore, Parties that agree to the coexistence of the earlier and later filed marks have been using the assignment/restitution (assignment/assignment back) tactics, Temporarily place the applied and prior trademark under the ownership of one party until the application is registered. Once the new amendment goes into effect, As long as the parties do not intend to register the same trademark for the same goods, A consent form can be used to resolve such a rejection. The new amendment makes it even clearer, After the correction "Trademark law" When effective, Consent may also be submitted for applications still pending processing, This makes it possible for applicants to start using the new system immediately.

According to the Korea Intellectual Property Office (KIPO) Statistics of, therein 2022 In all trademark related review opinions issued during the year, about 40%Involving rejection due to conflict with prior trademarks. At present, Because even though the applicant and the owner of the referenced mark are related entities, Consent forms were not accepted, The adoption of a consent system would therefore reflect actual trade practices, And greatly simplify the registration process for both parties willing to coexist.

The new amendment also introduces a protection measure, That is, if a trademark registered on the basis of a consent form is used for unfair competition purposes, And caused consumer confusion and/Or be deceived, Revocation of the mark is permitted. If the trademark registration is revoked on the above grounds, Then the registrant will be prohibited from registering a trademark identical or similar to the revoked trademark for goods identical or similar to the revoked trademark, This provision applies to an application for registration from the date on which the revocation decision becomes final 3 Submissions made during the year.

2, Automatic recognition of priority for conversion of trademark applications

According to South Korea "Trademark law" , Trademark applications can be converted under a variety of circumstances. That is to say, Collective trademark and certification trademark applications can be converted into general trademark applications, Vice versa. Certification marks and collective trademark applications can be converted into each other, Product addition request (goods-addition application) Can be converted to a general trademark application. however, In accordance with existing regulations, Even if the original application claimed priority, The applicant will also need to specifically claim priority for the converted application, Priority documents must also be submitted separately.

modified "Trademark law" Provision will be made, As long as the priority was properly asserted in the original application, Converted applications will automatically recognize the same priority claims. In addition, If priority documents have already been submitted in the original application, Then the converted application will also be deemed to have submitted these documents.

The amendment would eliminate the omission of priority claims by negligence and/Or conversion of the application documents resulting in unnecessary rejection.

3．Loss of trademark right

living "Trademark law" stipulate, If the successor of the trademark fails after the death of the trademark registrant 3 The transfer of trademark registration was completed during the year, Then the trademark rights will be 3 Expires the day after the expiration of the term. however, The current law does not provide for the absence of heirs.

therefore, revised "Trademark law" Introduce a clause, Provision is made if the deceased registrant has no known heirs at the time of death, The trademark will be void immediately.

4, Sub-application for international registration is allowed

In force "Trademark law" , The owner of a trademark application or registration may partially transfer some of the goods in his application or registration. In addition, Any specified goods can be separated from the application or registration. however, For passing "Protocol to the Madrid Agreement on the International Registration of Marks" ( " "Madrid Protocol" " ) Get extension applications and registrations, Only if accompanied by a partial transfer, It is allowed to apply for goods in separate cases. The most striking effect of this approach is, The option of filing a divisional application when only part of the goods have been initially rejected applies to national applications, But it doesn't apply to passing "Madrid Protocol" Submitted application.

The amended law removed these restrictions, Therefore use "Madrid Protocol" The applicant of the system can also apply for or register any specified goods in separate cases.

5, Relax the requirement to substitute international registration for national registration

Existing legal provisions, When filing an application for international trademark registration that designates Korea, If the registrant of the Korean national registration meets the requirements, To the extent that the specified goods overlap, Extension applications will be considered submitted on the date of application for national registration in Korea, The requirements include: (1) Contrast trademark identical; (2) The registrant of an international trademark registration is the same as the registrant of a national registration in Korea; (3) All goods listed in the national registration are also listed in the international trademark registration; (4) The territorial extension of an international trademark registration takes effect after the date of national registration.

To reflect "Madrid Protocol" The latest amendments to the corresponding provisions of the Regulations, modified "Trademark law" The above no (3) Item requirement. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Rason group



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