Q. Is the use of the registered trademark required to maintain the trademark registration?

A. 

A registered trademark which is not used for three consecutive years becomes vulnerable to a non-use cancellation trial. Any third party may file such non-use cancellation trial, and the burden to prove use falls on the registrant. If a non-use cancellation trial is requested, it generally takes 7 to 10 months to complete a cancellation trial procedure (if the registrant never files any response, 5 to 7 months). If the trial decision to cancel trademark registration based on the non-use becomes final and conclusive, the trademark rights shall be deemed extinguished on the date the trial is requested.

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:

3. 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

(2) Where at least two designated goods bearing the registered trademark exist when a trial to revoke trademark registration is requested on the grounds that the registered trademark falls under paragraph (1) 3, a trial to revoke trademark registration may be requested in relation to some of the designated goods.

(3) Where a trial to revoke trademark registration is requested on the grounds that the registered trademark falls under paragraph (1) 3, no trademark right holder may be exempted from the revocation of trademark registration for the designated goods related to such lawsuit unless the requested person proves that he or she has legitimately used the relevant registered trademark on at least one designated goods related to the trial to revoke trademark registration in the Republic of Korea within three years before the date the trial is requested: Provided, That the foregoing shall not apply where the requested person has proved justifiable grounds for using a registered trademark which he or she has not used.

(4) Even if the fact that constitutes grounds for requesting a trial of revocation ceases to exist after the trial has been requested on the grounds falling under paragraph (1) (excluding subparagraphs 4 and 6 of the same paragraph), the absence thereof shall not affect the grounds for revocation.

(5) Any person may request a trial to revoke trademark registration under paragraph (1): Provided, That a trial to revoke trademark registration on the grounds that the registered trademark falls under paragraph (1) 4 and 6 may be requested by an interested person only.

(6) Where a trial decision to revoke trademark registration becomes final and conclusive, such trademark rights shall be extinguished henceforth: Provided, That where the trial decision to revoke the trademark registration on the grounds that the registered trademark falls under paragraph (1) 3 becomes final and conclusive, the trademark rights shall be deemed extinguished on the date the trial is requested.

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