What is use requirement after trademark registration in South Korea? What actions could be considered as use of trademark in South Korea? Could we stop validity of trademark registration certificate based on non-use for a period of time? How many years of non-use?
A trademark must be used in the commercial scale within three years after its registration, or within the three years immediately preceding the filing date of any non-use cancellation action. However, there are no definition of “Commercial scale”.
What are required documents for renewal trademark in South Korea? Is grace period after renewal date allowed?
The required documents for renewal a trademark in South Korea is Power of Attorney. The grace period is 06 months from the expired date of the trademark registration.
Is cancellation of trademark registration in South Korea available? What is the foundations for such cancellation?
The cancellation of trademark registration in South Korea is available. A trademark may be cancelled where:
– The registered trademark conflict with the earlier trademark;
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark.
– The mark that are similar or identical with the armorial bearings, flags and other state emblems.
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.
Is customs record of trademark registration available in South Korea?
The trademark registration may be recorded online on customs data, but it is not automatically mechanism.