Trial to Revoke Trademark Registration in South Korea

Trial to Revoke Trademark Registration in South Korea

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Attorneys and Lawyers with more than 10 years of experience in domestic and overseas cases, Patent attorneys with a technological background is in charge of all thirst for intellectual property,

 

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Patent Firm SODAM is dedicated to providing expert services across the full range of intellectual Property law in Korea and worldwide. We advise on the protection and
enforcement of intellectual property rights, Including; patents, utility models, trade-marks, designs and copyrights.

 

 

The firm’s expertise includes a variety of diverse technologies, including multimedia-related devices; semiconductor-Related devices, such as memory devices and circuits; optical and
electro-optical systems and devices; liquid crystal Display(LCD) technologies; computer hardware and software technologies; scientific, Medical and biological instruments; imaging system; automotive technology.

 

 

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If a trademark that you wish to register is already registered with the Korean Intellectual
Property Office, there is a legal provision that can revoke the registered
trademark by filing a judgment(trial). 

 

 

 

In the Korean Intellectual Property Office, these judgment(trial) is most frequently used.

 

We proactively verify that the trademark has been used on the Internet before proceeding with the judgment.



Article 119 (Trial to Revoke Trademark Registration) (1) Where a registered trademark falls under any of the followings, a trial to revoke the trademark registration may be requested:

 

 

  1. Where a trademark right holder causes the misunderstanding of the quality of goods or
    confusion with goods related to another person’s business among consumers by
    wilfully using a trademark similar to the registered trademark on the
    designated goods, or using the registered trademark or a similar trademark on
    goods similar to the designated goods;

 

 

  1. Where an exclusive licensee or a non-exclusive licensee causes the misunderstanding of
    the quality of goods or confusion with goods related to another person’s
    business by using a registered trademark or a trademark similar to the
    registered trademark on the designated goods, or goods similar to the
    designated goods: Provided, That the foregoing shall not apply where the
    trademark right holder pays considerable attention;

 

 

  1. Where none of a trademark right holder, an exclusive licensee or a non-exclusive licensee has used the registered trademark on the designated goods in the Republic of Korea
    for at least three consecutive years without justifiable grounds before a trial
    to revoke the registered trademark is requested; 4. Where the registered
    trademark violates the latter part of Article 93 (1), and paragraphs (2), and
    (4) through (7) of the aforesaid Article; 5. Where similar registered
    trademarks belong to different respective trademark right holders due to the
    transfer of the trademark rights, and one of them causes the misunderstanding
    of the quality of goods or confusion with goods related to another person’s
    business among consumers by using his/her trademark on goods identical or
    similar to the designated goods bearing his/her trademark for the purpose of
    unfair competition;