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How to prevent similar trademark registration in Korea
Jul 2018
There are two ways to prevent similar trademark registration: opposition and providing information. The opposition can be raised when the application is published after KIPO examiner has reviewed the application. You can provide the information during the examination.
You can also file the invalidation in order to cancel the trademark that has already been registered.
  • Opposition

    Once a trademark application is published in the official gazette, the "Trademark Publication Gazette," any person may file an opposition within two months (nonextendable). If the opposition is accepted by KIPO, the said application will be rejected.

    Approximately 6% of published applications have been opposed in the last 10 years, and of which approximately 34%have been rejected as the oppositions are accepted.
  • Providing Information

    A third party may provide information or materials that disadvantage to the trademark application when he/she thinks that the trademark application should not be registered. The examiner will refer to information or material while he/she is examining the application, and that will prevent from being registered by mistake of the examiner.

    Providing information is much cheaper than filing an opposition or invalidation, but it is necessary to regularly monitoring and searching the database for newly filed application.

  • Opposition flow chart

    1.Publication the application

    ㇐Once the examiner confirmed application, it is published in the official gazette in order to anybody can submit an opposition.

    2.BKIP monitoring Service

    If we find any similar marks among the newly published application, we immediately notify the client for opposition.

    3. Filing the opposition

    File the opposition within 1 month with a brief statement on the grounds for opposition

    4.Decision of opposition

    After KIPO receives the opposition and response from both sides, they will review and decide whether if the opposition is reasonable or not. If it is not reasonable to be opposed, the application will be grated for protection. If it is reasonable to be opposed, the application will be refused.
Sep 2021 Is it possible to register other famous person’s names as trademark? Apr 2021 “LEGOCHEM BIOSCIENCES, INC.” VS “LEGO Juris AS” Mar 2021 KRO_SAMSUNG VS SAMSUNG Feb 2021 Korean Company “LG DISPLAY” ended long disputes with “ROLEX” by abandoning its trademark rights Jan 2021 “正官庄” (Cheong-Kwan-Jang) having been acknowledged as a well-known trademark in China
2017年12月 在韓國的商標申請方法和程序(中文) 2017年12月Trademark Application Method and Procedure in Korea (英文) 2017年12月商標申請和指定商品的規格(英文) 2017年12月商標申請和指定商品的規格(中文)
Dec 2020 Korean famous brand “sulbing” lost trial filed by Chinese company Nov 2020 Trademark protection law revision Sep 2020 Trademarking in Other Countries U.S. Aug 2020 Trademarking in Other Countries U.S. Jul 2020 Petition to Revive of abandoned application in the U.S. Jun 2020 Disclaimed Terms May 2020 U.S. Filing Basis Apr 2020 Korea Trademark Certificate Mar 2020 Opposition Feb 2020 Voluntary amendment Jan 2020 Classification: Goods and sales services thereof
Dec 2019 Classification: Goods and sales services thereof Nov 2019 Is it possible to obtain registration in South Korea of a trademark consisting only color(s)? Oct 2019 Supreme Court ruling; Bullsone’s trademark mimics Red Bull’s trademark Sep 2019 USPTO requires foreign-domiciled applicants and registrants to appoint a U.S.-licensed attorney as of August 3, 2019. Jun 2019 The Differences between Trademarks and Registered Trademarks May 2019 How much will the cost be saved by Madrid trademark registration system in Korea? Apr 2019 You can expedite your Trademark registration. Mar 2019 Registration of Trademark company name vs. individual name Feb 2019 What you need to know to prevent trademark disputes Jan 2019 How to avoid registration of similar trademarks
Dec 2018 International trademark applications is essential Nov 2018 Trademark registration Oct 2018 Trademark Cancellation Sep 2018 Requirement to establish trademark infringement Aug 2018 Trademark Use Doctrine and Trademark Registration Jul 2018 How to prevent similar trademark registration in Korea Jun 2018 How to respond to kipo when the application is rejected May 2018 Priority examination system in Korea Apr 2018 Specification of trademark applications and designated goods Mar 2018 Trademark Application Method and Procedure in Korea Feb 2018 Specification of trademark applications and designated goods
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