Recently, the Korean Intellectual Property Office has been promoting the amendment of the Korean Trademark Act for the improvement of the trademark system. The main contents of the amendment are as follows;
1. Use Right after Invalidation of a Trademark Right Even if a registered mark is subject to being invalidated, in a case where the owner of trademark right has used his registered mark in good faith, the owner of later-registered trademark right can continuously use his registered mark even after the invalidation of trademark in order to protect the obtained trust of the owner of later-registered trademark right.
2. Extension of the Eligibility to be a Demandant in a Cancellation Trial A Cancellation Trial based on non-use can be demanded by anyone. In the past, it could be demanded only by an interested party.
3. Simplification of the Renewal System of a Registered Mark In a case where a renewal application is filed and the renewal registration fee is paid within the prescribed date, the term of the renewal registration will be automatically extended.
4. Correction by Examiner Ex Officio As to the clear mistake such as spelling errors, the examiner can correct it ex officio, without sending
any official notice that the applicant needs to make the correction. | 