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Jun 10, 2015
Min-Kyoung JEE, Kim & Chang, South Korea
Nayoung KIM, Kim & Chang, South Korea
First published and source: Kim & Chang (www.ip.kimchang.com)

Changes to the Korean Trademark Examination Guidelines ...


Min-Kyoung JEE, Kim & Chang, South Korea, Nayoung KIM, Kim & Chang, South Korea, First published and source: Kim & Chang (www.ip.kimchang.com)The newly amended Examination Guidelines ("Guidelines") of the Korean Intellectual Property Office ("KIPO") went into effect on January 1, 2015. The following are some of the more notable of the many changes made to the Guidelines.
1.) Dilution as a New Refusal Ground: Article 7(1)(x) of the amended Korean Trademark Act ("TMA") came into effect on June 11, 2014, and prohibits the registration of marks that can weaken the distinctiveness of another's famous trademark through blurring or tarnishment. The Guidelines have been amended to incorporate this dilution provision as another ground for refusing an application.
Specifically, the Guidelines indicate that applying for a third party's famous mark in connection with completely different or inappropriate goods/services will be seen as blurring or tarnishing the famous mark, respectively (e.g., designating "pianos" for the mark "KODAK" or "pornographic films" for the mark "CHANEL").
2.) Consumer Confusion as a Basis for Determining Similarity read more