If a registered Korean trademark is not used continuously for three years or more, it may become the subject of a third-party registration cancellation trial.
Therefore, if it is determined that the trademark has not been used continuously for three years after registration, it is advisable to create a simple website or other evidence of trademark usage to establish a record of its use.
In Korea, it is important to be aware of the continuous use requirement for registered trademarks. If a registered Korean trademark remains unused for a period of three years or more, it becomes vulnerable to a third-party registration cancellation trial. Here are further details:
Continuous Use Requirement:
To maintain the exclusive rights associated with a registered Korean trademark, it must be used continuously in commerce. Non-use of the trademark for an extended period can weaken its protection and potentially lead to the cancellation of the registration.
Three-Year Period:
The continuous use requirement is evaluated over a period of three years following the registration date of the trademark. If the trademark is not used in connection with the registered goods or services during this period, it may be subject to cancellation.
Third-Party Registration Cancellation Trial:
If a third party becomes aware of the non-use of a registered Korean trademark and believes it should be canceled, they can initiate a registration cancellation trial. This trial is conducted before the Korean Intellectual Property Trial and Appeal Board. The burden of proof lies with the party seeking cancellation to demonstrate the lack of continuous use.
Establishing Usage Records:
To protect a registered trademark from cancellation due to non-use, it is advisable to establish evidence of its continuous use. Creating a simple website displaying the trademark, maintaining records of sales or marketing activities involving the trademark, or providing other forms of evidence demonstrating the trademark's active use can help establish a usage record.
Importance of Evidence:
When faced with a third-party registration cancellation trial or a potential dispute, having solid evidence of continuous trademark usage is crucial. This evidence can be presented to defend the validity of the registration and demonstrate ongoing use.
Regular Monitoring:
It is recommended to monitor and review the use of registered trademarks periodically. By actively monitoring usage and taking steps to maintain continuous use, trademark owners can protect their rights and avoid potential cancellation risks.
Consultation with Experts:
To ensure compliance with Korean trademark laws and regulations and effectively navigate issues related to continuous use requirements, consulting with a qualified Korean trademark attorney is highly recommended. They can provide guidance on maintaining proper usage records, advise on potential risks, and assist in defending the trademark registration if faced with a cancellation trial.
By actively using and documenting the usage of a registered Korean trademark, trademark owners can safeguard their rights and reduce the risk of cancellation due to non-use.
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?
DAEILPAT
Trademark
Many foreign companies entering the Korean market often overlook the importance of registering their brand or logo as a trademark. This oversight can lead to potential legal issues such as piracy or infringement, which could have been easily prevented by seeking expert advice and registering their trademark. Conversely, numerous industry leaders understand the significance of securing full protection for their brand and products or services through successful trademark registration, contributing to their overall success.
To enhance brand value and streamline the process, foreign clients ranging from individuals to well-established market leaders are seeking guidance from DAEILPAT's Trademark attorney. What sets our service apart is our strategic counseling and proactive approach at every step, ensuring a comprehensive trademark registration. This enables our clients to benefit from a cost-effective and tailored service that significantly reduces the lengthy and expensive registration process, without unnecessary delays or additional expenses.
Learn more about Trademarks Registration and Protection in Korea
Our Expertise
DAEILPAT’s great strength in Trademark is brought by the experts with unrivalled professionalism in our team. Our trademark attorney consists of excellent talents who are a pioneer in developing unprecedented trademark ideas, a true veteran with extensive knowledge and experience as a examiner at KIPO and IP specialists with more than 10 years of experience. We are fully competent in handling any cases in both Korean and English, and our network of foreign agents allows us to offer a fuller service for both domestic and international clients.
We offer a full suite of Trademark services including strategic counseling, analysis of trademark trends, prosecution, handling of oppositions and cancellation actions, domestic and international disputes, negotiations and coexistence agreements and many more. Our thorough and in-depth analysis and reports guide our clients to effectively select and leave out specific elements of their mark to increase the chance of registration. Moreover, we showcase total transparency by offering timely updates through a transparent reporting process and keep our clients up-to-date with deadlines and proceedings without any error and omission.
