KOREAN TRADEMARK : REFUSAL AND APPEAL
When it comes to registering a trademark in Korea, it's essential to understand the process of refusal and appeal. In certain cases, a trademark registration application may be subject to a provisional refusal based on specific grounds. This notification of provisional refusal provides the applicant with an opportunity to respond and present arguments within a given timeframe. The decision of refusal may be issued if the applicant fails to address the grounds for rejection. However, there are avenues for appeal and seeking redress in such situations. This article will delve into the details of the refusal and appeal process for Korean trademarks.
Notification of provisional refusal
In the event that the trademark registration application is included in the grounds for rejection, the grounds for rejection are informed in writing and the opportunity to submit the argument is granted for a specified period of time.
Written opinions/amendments
An applicant may reconcile the grounds for rejection by submitting evidence or opinions in support of their argument within the predetermined period, or by submitting an amendment to delete the designated trademark infringing on the cited trademark.
Decision of refusal
In the event that the examiner finds grounds for rejection stated in the Trademark Act and informs the applicant by submitting the written opinion, but the applicant does not amend the grounds for rejection, the examiner may decide to reject the application.
Intellectual Property Tribunal
In the event an applicant receives and objects to a decision of rejection which is relevant to the trademark registration, additional registration of the designated products, and registration of trademark classification transformation, he/she can appeal to the Intellectual Property Tribunal within thirty days from the date of delivery of the certified copy of the decision of rejection.
Patent Court
The patent court decides upon actions against a trial decision of the Intellectual Property Tribunal and actions for cancellation of trial decisions of the Species Protection Appeals Committee in the Ministry of Agriculture and Forestry. The representative patent litigations of the patent court include appeals of trial decisions of the Intellectual Property Tribunal on the grounds for rejection, patent invalidation, trademark registration cancellation, and request for trials.
Supreme Court
The Supreme Court of Korea, the highest institution of the judicial branch, delivers the final ruling of a trial unless a new trial is applied for.
In conclusion, the registration of a trademark in Korea can encounter hurdles in the form of provisional refusal and subsequent rejection. However, this should not deter applicants, as they have the opportunity to provide written opinions, amendments, and arguments to reconcile the grounds for refusal. Additionally, the Intellectual Property Tribunal and the Patent Court serve as avenues for appealing decisions of rejection. Ultimately, the Supreme Court of Korea plays a crucial role in delivering final rulings in trademark-related trials. By understanding the procedures and options available during the refusal and appeal process, trademark applicants can navigate the complexities of Korean trademark registration more effectively.
Read more about Korean Trademark here :
Korean Trademark System
- Neighboring Concepts of a Korean Trademark
- Information on Trademark Applications in Korea
Application Procedure for Trademark in Korea
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.
