Korean Trademark Act has been amended to make it easier for applicants, especially individuals and smaller companies, to acquire trademark rights.

 

Trademarks to be easier to acquire

 

Individuals, small business owners, and small and medium-sized enterprises should soon find it easier to acquire trademark rights in Korea after the passing of amendments to the Trademark Act by the National Assembly in January 2022. The aims of the changes are to make the trademark application process cheaper and quicker by introducing a partial rejection system and a reexamination request system as well as expanding the types of trademark use to make it easier to obtain trademarks for digital products.

 

Introduction of partial rejection system

 

Currently, if only some designated goods are rejected in the trademark registration application and the applicant does not delete or amend those goods, all goods will be rejected, even those for which there is no reason for rejection. In the revised bill, even if the applicant does not take any measures, such as deletion of the rejected goods, the trademark will be registered for those goods that were not rejected. This should help to reduce the time and costs for securing trademark rights. In addition, it will be possible to file a request for a trial against a decision of refusal for only some of the goods that were rejected, rather than for all of the goods, to make the process more convenient for the applicant. 

 

Introduction of reexamination request system

 

In the current system, only a request for a trial against a decision to reject a trademark registration by an examiner is stipulated. With the amendment, in addition to requesting an appeal, the applicant also has the opportunity to overcome a decision of rejection through a new procedure whereby the applicant can request a reexamination from the examiner.

 

Expansion of types of trademark use

 

The “use” of existing trademarks is limited to transfers and deliveries on the premise of possession and transfer of ordinary products. This is not suitable for the distribution of digital products provided online. This problem has been resolved by adding to the “use” of a trademark the act of “providing a trademark marked on it through a telecommunication line or exhibiting, importing, or exporting for this purpose.” Examples of this use are selling (subscription service), posting (uploading), etc. by displaying trademarks on digital products such as software, computer programs, e-books, and emojis.

 

The revised bill was promulgated in February 2022 with the partial rejection system/reexamination request system to be enforced one year after promulgation and the expansion of types of trademark use to be implemented six months after promulgation.