North Korea (KP)
Jun 28, 2016 (Newsletter Issue 12/16)
Ratification to Singapore Treaty
WIPO announced the ratification to the Singapore Treaty by North 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 North 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 North 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 and 2016.
North Korea is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Article 2 of the Trademark Law of the Democratic People’s Republic of Korea:
A trademark is a sign capable of distinguishing the goods produced by one enterprise from those of other enterprises. The verbal trademarks, graphic trademarks, symbolic trademarks, three-dimensional trademarks and service marks constitute main kinds of trademark.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Trademarks, Industrial Designs and Geographical Indications Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised and non-notarized power of attorney is sufficient.
A document attesting the legal existence of the enterprise (e.g. an extract from the commercial register) is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The Trademark Registration Office shall examine the application for trademark registration within 6 months from the date of its receipt.
The marks preliminarily approved to be registered are published in the on-line system, and the trademark attorneys in North Korea can get access to such information (for example for opposition purposes).
The registered trademark shall not be published in the Trademark Gazette.
National:Opposition must be filed within 12 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
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for trademark renewal is 6 months after the expiry date.
Further practical details are available in our publication on this topic
hereIf for a continuous period of at least 5 years the trademark has not been used, it may be subject to cancellation.
Further practical details are available in our publication on this topic
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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