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| Amendment of the Korean Trademark Act.(effective as of January 1 and July 1, 2007) |
1. Main contents of the amended Korean Classification of Goods and Services
(effective as January 1, 2007)
(1). Amendment of Goods and Services reflecting the 9th edition of NICE
Classification and the recommendation of WIPO
The Korean Classification of all of the Goods and Services was consistent
with the Classification of Goods and Services listed in the 9th edition of
NICE.
(2). Introduction of "inclusive names" of goods and services
It is not necessary for the goods falling under the same sub-class of the same
Class to be specified into the detailed names of goods any more. That is, it is
possible to designate the inclusive names of goods corresponding to the title of
the sub-class in a class.
For example,
(i). With respect to the goods "lipsticks, mascaras, hair creams, cleansing
creams, etc." falling under "cosmetics" which is the title of the sub-class
of Int'l Cl. 3, it is possible to designate the goods "cosmetics" (title of
sub-class).
(ii). Among the designated goods in Int'l Cl. 25, with respect to the goods
"gowns, girdles, underwears, panties, brassieres, etc.", it is possible to
designate the goods "underwears"
(title of sub-class).
Further, with respect to the goods "school uniforms, long coats, shorts, half
coats, safari, etc.", it is possible to designate the goods "outer garments, coats
(excluding sport wears and Korean-style clothing)" (title of sub-class).
With respect to the goods "wet suits for water skiing, sporting anoraks, aerobic suits,
gymnastic clothing, etc.", it is possible to designate the goods "sports wears"
(title of sub-class).
(3). Acceptance of "Wholesale and Retail services" as items of services
The "wholesale and retail services" are accepted as items of services
and are added to the existing services of Int'l Cl. 35.
However, the "wholesale and retail services" should be specified in terms
of the commodities to be sold; i.e., cosmetics wholesale services, computer
retail services, etc.
2. Extension of the deadline for filing an opposition (effective as of July 1, 2007)
The deadline for filing an opposition against the trademark application is
extended from "thirty (30) days" to "two (2)months" following the publication
date of the application.
3. Weakening of Standards for determination of the well-knownness of trademark which becomes
the object of imitation mark to bar registration of imitation mark (effective as of July 1, 2007)
According to the Art. 7, Para. 1, Item 12 of the Korean Trademark Act, it is
stated that "in order to bar registration of imitation mark, a trademark filed in imitation of the
well-known mark at home and abroad cannot be registered."
However, according to the amended Trademark Act, the above provision shall
be applied to the case, by weakening of standards for determination of the
well-knownness of trademark, where a trademark which becomes the object
of imitation mark is acknowledged as indicating a specified person's goods,
even if it has not been remarkably recognized as being well-known in the
same industry."
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