[LAW UPDATE] Recent Changes of the Korean Trademark Act Effective from 4 February 2023

The Korean Intellectual Property Office announced the revisions to Trademark Act that will go into effect from February 4, 2023. A summary of the main changes illustrated in the updated law regarding Trademark is as follows:

1. (Accepting online distribution of digital goods as an act of using a trademark)

The definition of acts of using a trademark becomes including the acts of supplying a goods or its packaging on which a trademark is displayed via telecommunication, or exhibiting, exporting or importing for this supply.

2. (Introduction of partial rejection system)

The partial rejection system is introduced, so when the grounds for refusal are found only for some designated items of a trademark application, the registration becomes possible for the remaining designated items that do not have grounds for rejection.

3. (Introduction of re-examination request system)

After the examiner's rejection of a trademark application, if the ground for rejection can be overcome by simple procedures (ex. limiting the scope of designated items, etc.), it becomes possible to request re-examination to the examiner without necessarily going through appeal to the rejection.

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