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Amendments to Trademark Laws

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Mrz 31, 2022 (Newsletter Issue 4/22)
South Korea
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Amendments to Trademark Act


On February 3, 2022, the National Assembly promulgated amendments to the Trademark Act which introduces an expansion of the ways to prove “use” of registered trademarks, as well as the possibility of partial rejection and re-examination. The expanded scope of trademark use will take effect from August 4, 2022, while the introduction of partial rejection and re-examination from February 4, 2023. Amendments are the following:

Definition of "use of a trademark" expanded to cover online distribution of "digital goods"
The amended Trademark Act includes the provision of trademarked goods via a telecommunications network. Type of use may include uploading or providing subscription services for trademarked computer programs, transmitting e-books and digital files, and providing apps, e-coupons or emoticons via app stores.

Introduction of partial rejection
The amended Act permits partial rejection of applications. Examiners may refuse some of the designated goods/services while granting the registration of the application for the remaining specification. Further, applicants will be able to file an appeal with the IP Trial and Appeal Board (IPTAB) with respect only to the refused goods/services (as a whole, or in part), as opposed to the entire specification of designated goods/services.

Establishment of a re-examination
The revised Act introduces a re-examination system, where in straightforward cases applicants may request re-examination and simultaneously file an amendment to cure the rejection grounds. In this way, trial proceedings before the IPTAB can be avoided. A re-examination request needs to be filed within three months from the date of receipt of the rejection notice.

For more information, please see here

Source: www.ip.kimchang.com