Is it possible to make corrections after the publication of a trademark application?
Even after the publication of a trademark application, within the period prescribed under Article 41 of the Trademark Act, corrections can be made to the designated goods and trademark, within the scope that does not change the essence of the initial trademark registration application.
- Period for submitting an opinion statement after receiving a rejection notice
- Period for submitting a response statement if an application for trademark registration review is filed
- 30 days from the date of filing a request for a trial against a rejection decision
Here are the key points regarding the correction of a Korean trademark application:
Correction Period:
Corrections to the designated goods and trademark can be made within the period specified in Article 41 of the Trademark Act. The specific periods for making corrections are as follows:
- Period for Submitting an Opinion Statement: If the applicant receives a rejection notice from the Korean Intellectual Property Office (KIPO), they have a designated period to submit an opinion statement addressing the grounds for rejection. During this period, the applicant can propose corrections to the application.
- Period for Submitting a Response Statement: If the applicant files an application for trademark registration review following the rejection notice, they have a specific period to submit a response statement to address the grounds for rejection. Within this period, corrections to the application can be proposed.
- Period for Requesting a Trial: If the applicant decides to file a request for a trial against the rejection decision, they have 30 days from the date of filing the request to make corrections to the application.
Scope of Corrections:
It is important to note that the corrections allowed during these periods should not change the essence of the initial trademark registration application. The corrections should be limited to rectifying errors, clarifying information, or making adjustments within the scope that does not alter the fundamental nature of the trademark application.
By taking advantage of these correction periods, applicants have an opportunity to address any issues or errors identified during the examination process and ensure that the trademark application accurately reflects their intentions. However, it is advisable to seek guidance from a trademark attorney or legal expert to navigate the correction process effectively and comply with the requirements set by the Korean Intellectual Property Office.
Frequently Asked Questions about Korean Trademarks
- Does the person who first used the trademark have the rights in Korea?
- What trademarks are not registrable in Korea?
- What types of trademarks are more likely to be approved for registration in Korea?
- What types of trademarks exist in South Korea?
- What are the requirements for registering a trademark in Korea?
Frequently Asked Questions about Trademark Application in Korea
- What is the difference between applying for a Korean trademark as an individual or as a corporation?
- How can I change the ownership of a trademark to another person or company after applying for a trademark in Korea?
- What should I do if I want to file a Korean trademark application jointly with others?
Frequently Asked Questions during the Korean Trademark Registration Examination Stage
- How does the examination process proceed after a Korean trademark application is filed?
- What is priority examination for trademark applications in Korea?
- What should I do if I receive a Office Action of the Reason for Refusal for a Korean trademark application?
- What should I do if I receive a rejection decision?
- What is a "Notice of Allowance" (출원공고결정서) in Korean trademark application?
- Is it possible to make corrections after the publication of a trademark application?
Frequently Asked Questions about Trademark Registration in Korea
- When can I receive a Korean trademark registration certificate?
- I want to grant permission to a third party to use my registered trademark. What is the procedure and what is required?
- I want to transfer a registered trademark that I am currently using or not using to someone else. How is the price for transferring the trademark determined?
- What should I do if I think a third party is infringing on my registered trademark?
- What should you be aware of regarding registered Korean trademarks?
- What happens to a Korean trademark after its 10-year duration of validity expires?
DAEILPAT
Trademark
Many foreign companies entering the Korean market often overlook the importance of registering their brand or logo as a trademark. This oversight can lead to potential legal issues such as piracy or infringement, which could have been easily prevented by seeking expert advice and registering their trademark. Conversely, numerous industry leaders understand the significance of securing full protection for their brand and products or services through successful trademark registration, contributing to their overall success.
To enhance brand value and streamline the process, foreign clients ranging from individuals to well-established market leaders are seeking guidance from DAEILPAT's Trademark attorney. What sets our service apart is our strategic counseling and proactive approach at every step, ensuring a comprehensive trademark registration. This enables our clients to benefit from a cost-effective and tailored service that significantly reduces the lengthy and expensive registration process, without unnecessary delays or additional expenses.
Learn more about Trademarks Registration and Protection in Korea
Our Expertise
DAEILPAT’s great strength in Trademark is brought by the experts with unrivalled professionalism in our team. Our trademark attorney consists of excellent talents who are a pioneer in developing unprecedented trademark ideas, a true veteran with extensive knowledge and experience as a examiner at KIPO and IP specialists with more than 10 years of experience. We are fully competent in handling any cases in both Korean and English, and our network of foreign agents allows us to offer a fuller service for both domestic and international clients.
We offer a full suite of Trademark services including strategic counseling, analysis of trademark trends, prosecution, handling of oppositions and cancellation actions, domestic and international disputes, negotiations and coexistence agreements and many more. Our thorough and in-depth analysis and reports guide our clients to effectively select and leave out specific elements of their mark to increase the chance of registration. Moreover, we showcase total transparency by offering timely updates through a transparent reporting process and keep our clients up-to-date with deadlines and proceedings without any error and omission.
