[Q&A] When recording an assignment of a Trademark in South Korea using your Deed of Assignment form, would there be any possible impact if the date of assignment that is several years ago is indicated on the Deed?
  • Date : 2022/04/19
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Q. When recording an assignment of a Trademark in South Korea using your Deed of Assignment form, would there be any possible impact if the date of assignment that is several years ago is indicated on the Deed?

 

A. Please be informed that for an assignment of a trademark to take effect, such assignment should be recorded on the register of the Korean Intellectual Property Office (KIPO) under the Korean Trademark Act.

 

Therefore, though the date of assignment should be indicated in the Deed of Assignment to meet the formality requirement, such date will not be recorded in the KIPO’s database and it will not have any impact on recording the assignment.

 

While the date of assignment that is several years ago has no impact on recording the assignment, it should be noted that the date of notarization on our Deed of Assignment form should not be over six (6) months old when submitted to the KIPO.

 

Article 96 (Effect of Registration of Trademark Rights)(1) None of the following matters shall take effect unless they are registered:

1. Transfer (excluding transfer by inheritance or other general succession), amendment, or extinguishment by abandonment of trademark rights, renewal of the duration, conversion of the classification of goods, addition of designated goods or restrictions on disposition of trademark rights;

 

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