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Amendments to Trademark Laws

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Mai 06, 2021 (Newsletter Issue 9/21)
South Korea
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Examination Guidelines on Similarity of Goods Changed


Recently, the Korea Intellectual Property Office (KIPO) amended its Examination Guidelines on Similarity of Goods (Guidelines). A notable change under this amendment relates to an adjustment to the scope of similarity between goods and services relating to software. The amendments to the Guidelines are effective for all trademark applications filed on or after January 1, 2021.

KIPO utilizes "Similarity Codes" to define categories of broadly similar goods and services. Goods designated under the same Similarity Code are similar for trademark registration purposes.

Formerly, all software-related goods shared the same Similarity Code. Now, the Examiners must consider several factors such as the "type" and "usage" of the software on a case-by-case basis when determining the similarity between software-related goods and services.
The amended Guidelines intend to reflect the increasing complexity and diversity of software-related products more adequately.

Source: www.ip.kimchang.com