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News & Notice
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| New Trademark Law (effective as of July 1, 2007) |
2007-07-25 |
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1. Barring Registration of Imitative Trademarks (TMA 7-12)
Pursuant to KIPOs First-to-File Rule, a mark is similar to other domestic or foreign trademarks which are not well-known can be registered under the old trademark law. As a result, it has caused customers confusion of source and the dilution of trademark rights by imitation trademarks. Under the new act, a trademark, which is identical with or similar to a trademark which is recognized with the goods of a particular person/entity by consumers in or outside of Korea, cannot be registered. Hence, it is expected that the registration of imitative trademarks will significantly decrease.
2. Extending Opposition Period from 30 Days to 2 Months (TMA 25)
Under the old law, when an application is published, any person may lodge an opposition to a trademark registration with the Korean Intellectual Property Office (KIPO) within 30 days of the publication date of the application. However, the Revised Act extended the opposition period to two (2) months from the publication date.
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