South Korea: Major Amendment Made to Korean Trademark Act Effective September 1, 2016

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South Korea: Major Amendment Made to Korean Trademark Act Effective September 1, 2016

The National Assembly has approved a major amendment to the Korean Trademark Act which will go into effect on September 1, 2016.  This is the first comprehensive amendment to the Act in 26 years.  Some highlights follow:

  • Delayed evaluation of similarity to senior marks
  • Elimination of one year ban against registering marks similar to expunged marks
  • Expanded restrictions against applications filed by agents
  • Limitations on trademark rights clarified
  • “Electronic use” of trademarks acknowledged as one of the recognized types of use
  • Broader ground for rejection of cancellation marks

Source:  Kim & Chang, South Korea