What is a "Notice of Allowance" in Korean trademark application?
In Korean trademark application, a Notice of Allowance is a system that seeks cooperation in the examination (substantive examination) of the contents of the application by publicly disclosing the contents of the application if no grounds for rejection are found.
According to Article 57(1) and (2) of the Trademark Act, "When an examiner finds no grounds for rejection of an application for trademark registration, he or she shall make a public announcement of the application. When a decision to make a public announcement has been made, the Commissioner of the Korean Intellectual Property Office shall notify the applicant of the decision and publish the details of the application in the Trademark Official Gazette." Therefore, the applicant is notified of the Notice of Allowance.
Since the Notice of Allowance is not a final decision, the applicant must respond accordingly if an objection is received within two months from the date of publication. If there is no objection, the applicant will receive a final decision of registration and must pay the registration fee for the trademark registration to be completed.
Here are the key details about the Notice of Allowance:
Purpose and Procedure:
The Notice of Allowance serves to inform the applicant that the examiner has completed the examination process and determined that there are no valid reasons for rejecting the trademark application. Once the examiner reaches this decision, the contents of the application are publicly disclosed by making a public announcement and publishing the details in the Trademark Official Gazette.
Notification to the Applicant:
The Korean Intellectual Property Office (KIPO) sends a notification to the applicant informing them of the decision to make a public announcement. This notification is referred to as the Notice of Allowance. It indicates that the application has passed the initial examination stage and is moving forward in the registration process.
Response and Objections:
While the Notice of Allowance signifies progress, it is not a final decision. After the publication of the application details, interested parties have a two-month period to review the published information and raise objections if they believe there are valid grounds for rejecting the trademark registration. If any objections are received within this timeframe, the applicant will need to address them accordingly.
Registration Completion:
If no objections are raised within the two-month period or if the objections are successfully resolved, the applicant will proceed to the final stage of registration. They will receive a final decision of registration from the KIPO. To complete the registration process, the applicant will be required to pay the registration fee as specified by the KIPO.
It is important to note that the Notice of Allowance is a significant milestone in the trademark registration process, indicating that the application has passed the initial examination stage. However, the final registration is subject to any objections raised and successfully resolved within the designated period. Seeking assistance from a trademark attorney or legal expert can be helpful in responding to objections and ensuring a smooth registration process.
Frequently Asked Questions about Korean Trademarks
- Does the person who first used the trademark have the rights in Korea?
- What trademarks are not registrable in Korea?
- What types of trademarks are more likely to be approved for registration in Korea?
- What types of trademarks exist in South Korea?
- What are the requirements for registering a trademark in Korea?
Frequently Asked Questions about Trademark Application in Korea
- What is the difference between applying for a Korean trademark as an individual or as a corporation?
- How can I change the ownership of a trademark to another person or company after applying for a trademark in Korea?
- What should I do if I want to file a Korean trademark application jointly with others?
Frequently Asked Questions during the Korean Trademark Registration Examination Stage
- How does the examination process proceed after a Korean trademark application is filed?
- What is priority examination for trademark applications in Korea?
- What should I do if I receive a Office Action of the Reason for Refusal for a Korean trademark application?
- What should I do if I receive a rejection decision?
- What is a "Notice of Allowance" (출원공고결정서) in Korean trademark application?
- Is it possible to make corrections after the publication of a trademark application?
Frequently Asked Questions about Trademark Registration in Korea
- When can I receive a Korean trademark registration certificate?
- I want to grant permission to a third party to use my registered trademark. What is the procedure and what is required?
- I want to transfer a registered trademark that I am currently using or not using to someone else. How is the price for transferring the trademark determined?
- What should I do if I think a third party is infringing on my registered trademark?
- What should you be aware of regarding registered Korean trademarks?
- What happens to a Korean trademark after its 10-year duration of validity expires?
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