Under the former Korean Trademark Act, a trademark application, which was filed before a prior-registered trademark becomes cancelled through a non-use cancellation trial, cannot be registered even though the prior-registered trademark is cancelled.

 

Instead, the applicant can have an exclusive six-month period from the conclusive date of the Trial Decision to file a trademark application identical or similar to the cancelled trademark with respect to the goods identical or similar to those of the cancelled trademark.

 

However, under the revised Korean Trademark Act, effective from October 6, 2013, a trademark application rejected due to a prior-registered trademark would be able to be registered if the prior-registered trademark is cancelled through a non-use cancellation trial. In this case, the examination on the application will be pending until the Trial Decision comes out and becomes final and conclusive.