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Jun 17, 2013
Alexandra BÉLEC, Kim & Chang, South Korea
Won Joong KIM, Kim & Chang, South Korea
First published in Kim & Chang Newsletter, Spring 2013 issue

Amendments to the Korean Trademark Act


Alexandra BÉLEC, Kim & Chang, South Korea, Won Joong KIM, Kim & Chang, South Korea, First published in Kim & Chang Newsletter, Spring 2013 issueThe Korean National Assembly adopted a bill introduced by the Korean Intellectual Property Office ("KIPO"), which will amend the Korean Trademark Act ("TMA"). The amended provisions of the TMA, detailed below, will be effective from October 6, 2013.
Under the current TMA, non-use cancellation actions have no retroactive effect. In other words, an application filed before a senior conflicting mark is successfully canceled through a non-use cancellation action will remain blocked by this senior mark. Successful petitioners of non-use cancellation actions are instead granted an exclusive six-month period to file an application for a mark identical or similar to the canceled marks. Non-use cancellation actions will have some limited retroactive effect under the amended bill. An application, which is blocked by a senior conflicting mark, will be able  read more