Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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49.00 EUR. A PDF-Download will be sent to you electronically.
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 and 2016.
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.
Nice classification, 11th edition
Article 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, 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 21 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. the inspection and authentication marks, the simple number, the geometric signs, or the marks or signs that are no more than specific technical terms or symbol;
7. those identical with or similar to the trademark that has been exhibited at exhibitions and shows;
8. those made of the name, abbreviation, flag or signal of the international organization which the DPRK has acceded to or the foreign institutions, or those contrary to the international laws and international customs;
9. those identical with or similar to a well-known trademark.
Filing=> Formal examination => Issuance of official receipt => Substantive examination => Granting
It takes about 9 months to obtain a Certificate of Registration from the filing date.
Formal examination: An Official Filing Receipt will be issued within 3 months from the filing date.
Substantive examination: A Notification of the Examination Result will be issued within 6 months from the filing date.
Upon payment of the registration fees within 3 months from the decision of the protection, the Certificate of Registration will be issued.
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, with scanned copies being sufficient:
1.) Power of Attorney simply signed by the applicant without notarization or legalization.
2.) Notarized 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 priority document, if it is claimed.
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.
Practical details on grace periods for trademark renewals are available in our publication
here
The 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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SMD Group
thanks the following law firms for their assictance in updating the information provided.
Jul 30, 2021
Pyongyang IP Centre, Pyongyang, DPR Korea