News Archive (5)Oct 20, 2022 (Newsletter Issue 15/22)
Trademark Law Amended
Recently, the Intellectual Property Office of DPR Korea has announced the amendments of the Trademark Law according to Decision of the Standing Committee of the Supreme People's Assembly on 30 June 2022. The amendments became effective as of 1 September 2022. Key amendments are the following:
E-filing of trademark application required: According to Article 9, all procedures relating to trademark registration shall be carried out through the e-filing system. Scanned copies of all required documents by e-mail are acceptable.
Deadline for submission of required documents shortened: According to Article 13, the documents required for processing a new trademark application must be filed within 2 months from the filing date (previously, it was 3 months).
Deadline for responding to refusal notice shortened: Per Article 26, where a trademark for registration is refused, and the applicant is dissatisfied with the decision of the Trade Mark Office, the applicant has the possibility to respond to the refusal within 3 months from the date of refusal (previously, it was 6 months).
The decision of re-examination is valid unless a further appeal is filed within 2 months from the date of the announcement. In accordance with Article 27, the applicant who disagrees with the decision of re-examination may initiate legal proceedings before the Committee for the Temporary Trademark Re-examination within 2 months from the date of receipt of the notice.
Deadline for trademark renewal application shortened: Following Article 40, a renewal application for a trademark registration shall be filed within 6 months before the expiration of the 10 years duration (previously, it was 12 months). A grace period of six months may be allowed if the renewal application is not filed within this period.
Use requirement period shortened: According to Article 43, if a registered trademark has not been used by a third party for 3 consecutive years after the date of registration, an application for cancellation of the trademark may be filed. Previously, it was 5 consecutive years.
The IP Office is expected to update the official fee for trademark proceedings soon.
Source: Pyongyang IP Centre, DPR Korea
Nov 19, 2019 (Newsletter Issue 16/19)Accession to Geneva Act of Lisbon AgreementWIPO informed that the DPR Korea has accessed to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ("Geneva Act") on October 8, 2019.
The Geneva Act will enter into force three months after the accession of five eligible parties.
For more information, please click hereSource: www.wipo.int Jun 28, 2016 (Newsletter Issue 12/16)
Ratification to Singapore Treaty
WIPO announced the ratification to the Singapore Treaty by DPR Korea.
In conformity with Article 28(3), the said Treaty will enter into force on September 13, 2016.
Source: www.wipo.int
Jun 28, 2016 (Newsletter Issue 12/16)
Accession to Hague Agreement
WIPO announced the accession to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs, adopted at Geneva (the "Geneva Act") by DPR Korea on June 13, 2016.
The Geneva Act will enter into force on September 13, 2016.
Source: www.wipo.int
Jan 01, 2011 (Newsletter Issue 1/11)
Name of Trademark Office Changed
The name of the Trademark Office in DPR Korea has been changed from Trademark and Industrial Design Department of the State Administration for Quality Management into Trademark, Industrial Designs and Geographical Indications Office of the DPR Korea in December 2010.
Source: NAMSANJAE Patent & Trademark Agency, Pyongyang, DPR Korea
Legal basis is the Trademark Act of 1998 which was amended and supplemented in 1999, 2005, 2008, 2011, 2012, 2016, 2020 and 2022.
The Democratic People’s Republic of Korea (DPRK) is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is based on the "first-to-file" principle.
ClassificationNice classification, 11th edition
What is Registrable as a TrademarkArticle 2 of the Trademark Law of the Democratic People’s Republic of Korea (DPRK) stipulates that:
A trademark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises, including letters, devices, numerals, symbols, colors, sound, three-dimensional shapes or any combination of these elements.
There are types of trademarks, service marks, collective marks, certification marks and etc.
According to article of 20 of the Trademark Law, the following signs shall not be registered as a trademark:
1. those identical with or similar to a trademark that has been registered;
2. those consist of a country name or relevant abbreviation, or of the form identical with or similar to the national emblem, flag, order or medal;
3. those contrary to laws, public morals or good manners and customs, of the DPRK;
4. those which contains exclusive or deceptive contents related to the goods or services;
5. those which indicates solely name, composition, usage, characteristics and the like, of the goods;
6. those which makes confusion of the origin of the goods or services to the public;
7. the inspection and authentication marks, or the marks or signs that are no more than specific technical terms or symbol;
8. those with simple number or single color;
9. those consist of only 3D shapes necessary to provide the function of the goods or packing;
10. those made of the name, abbreviation, flag or signal of the international organization which the DPRK has acceded to or the foreign institutions;
11. those which contains a county-level name and over in our country or worldwide famous local name that makes confusion of the origin of the goods or services to the public;
9.12. those identical with or similar to a well-known trademark;
13. those identical with or similar to the registered appellations of origin and geographical indications;
14. those applied from the country and area treat our country unfriendly.
Registration ProceedingsE-Filing=> Formal examination => Issuance of official receipt => Substantive examination => Granting
Formal examination: An Official Filing Receipt will be issued within 2 months from the filing date.
Substantive examination: A Notification of the Examination Result will be issued within 6 months from the filing date.
The registered trademarks are published in the Gazette of the Trademark Office.
The following necessary documents should be filed with the Trademarks, Industrial Designs and Geographical Indications Office of the DPR Korea:
1.) Original Power of Attorney simply signed by the applicant without notarization or legalization.
2.) Notarized copy of Certificate of Incorporation for the applicant, or the abstract from the commercial register. In case of individuals, the notarized copy of passport or identification.
3.) Trademark specimen, International Classification, the list of goods/services and/or description of the mark. Multi-class applications are acceptable.
4.) Certified copy of priority document, if it is claimed.
Opposition PeriodNational:Opposition must be filed within 9 months from the trademark application date.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationA trademark registration is valid for 10 years from date of application.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
hereThe official fee for filing a trademark application is EUR 296 in one class and EUR 110 for each additional class. The registration fee is EUR 256 in one class and EUR 60 for each additional class.
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More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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Nov 01, 2022
RYONGSONG patent office, Pyongyang, DPR Korea
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