BKIP Limited

COPYRIGHT BKIP 2019
How to avoid registration of similar trademarks Jan 2019
 How to prevent similar trademark registration
There are two ways to prevent similar trademark registration: opposition and information. The opposition can be used after the end of the patent office examination, and the information can be used during the trademark examination of the patent office. A similar trademark that has already been registered can claim registration invalidation and can cancel registration if it wins.
 Opposition
In the case of a trademark that has passed the registration examination of the Korean Intellectual Property Office, it is possible to submit an "appeal" stating that the interested party should not register within two months. If the appeal is accepted, the trademark will be rejected. Approximately 6% (approximately 2,500 or more annually) of trademarks advertised as registered trademarks in the last 10 years have been objected, and approximately 34% (approximately 850 cases per year) of the complaint have been filed The announced trademark has been rejected.
 Information
A third party may submit information or materials that are unfavorable to the registration of the trademark when it thinks that the trademark is not appropriate for registration. Because the examiner will refer to the relevant trademark, the trademark which should be rejected can be prevented from being notified through the registration examination by mistake of the examiner. Providing information is much cheaper than filing an appeal or invalidation of trademark registration, but it is necessary to regularly search for newly filed trademarks at regular intervals, since the trademark must be filed before the examination by the examiner.
 If a similar trademark is already registered - Invalid trial request
You can claim "invalid registration of trademark registration" for the purpose of invalidating registration because it is a trademark that should not be registered for already registered trademark. If you win the referee, the trademark will be invalidated. Because trademark registration invalidation claims are time consuming and costly, it is much more economical to use branding watch activities to find similar trademarks before registration and use appeals or information.