Trademark practice in Korea is changing

Posted under: SMB
Date: 2024-01-02
Trademark practice in Korea is changing

Korea passed a new trademark law in October 2023, adding flexibility to its strict registration system. The current system requires later-filed marks to be unique from existing senior marks, and if they are similar, the ""assign back"" system is used. This system is inefficient for later applicants, existing senior mark owners, and the KIPO. It is also inconsistent with other countries' systems, such as the US and many European countries, which allow a similar mark to be registered upon the submission of a letter of consent. The new law aims to make the trademark registration process more efficient and encourage the coexistence of similar marks without creating consumer confusion. Additionally, if the similar mark registered based on the letter of consent is later used for an unlawful purpose and causes confusion among consumers, the registration may be cancelled. If a mark is cancelled, the KIPO will not approve another similar mark for three years from the date of cancellation.

Read more at: www.lexology.com