Under the current Trademark Act, a third party is not able to file a trademark application which is identical with or similar to the prior-registered trademark within one year from the extinguishment date of the prior-registered trademark. This is because consumers still have the memory of the prior-registered trademark, which would cause confusion over the source of goods.
Under the amended Trademark Act, this regulation is deleted to enable a third party to file a trademark application, even within one year from the extinguishment date of the prior-registered trademark.
(Effective from September 1, 2016)
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