|
A trademark right or Servicemark right is given to a symbol, character, design, three-dimensional shape or any combination thereof in order to distinguish goods or services related to a person's business from those belonging to others. The term of trademark or service right is ten (10) years from registration and can be renewed every ten (10) years. ¡ß Trademark Application Requirements An examiner will issue an office action against a trademark application when the application does not meet the Requirements for Trademark Registration. The examiner notifies the applicant with the reason for refusal, and provides them with the opportunity to submit a Written Opinion and/or Amendment of specification within fixed period.
When the examiner is unable to find out any reason
for refusal of an application for
¡ß Decision for an opposition The examiner decides whether the trademark application is to be rejected after giving opportunity to the applicant to act against the opposition. The owner can request a Trial to the Decision of examiner within thirty (30) days from the receipt of the Final Rejection. ¡ß Allowance of trademark registration ¡ß Trademark Registration A trademark registration will be make by payment
of registration fee within two (2) months from the receipt of ruling
of trademark registration ¡ß Application for Trademark Right Duration Renewal
Registration A trademark right is a semi-permanent right because
the duration of a trademark right, ten years, can be renewed repeatedly.
The application for trademark right renewal
shall be filed within one year before the duration of the trademark
right expires. In case that an applicant fails to meet the period,
he (she) should file it within six months after the duration of
the trademark right is terminated with an additional fine. Kind of Trials ¡ß Trial for ruling of refusal of decision (final
rejection) for a patent application / a design application / a trademark
application When an applicant wishes to appeal an adverse ruling,
he (she) must make a request for tribunal review within thirty (30)
days from the date of receipt of the administrative decision. If
an amendment is made within thirty (30) days from the request of
the tribunal review, the examiner must make a re-examination prior
to the review by the tribunal. ¡ß Trial on Denial of Correction Where any applicant on whom a decision of dismissal
for correction is dissatisfied with the decision, he/she may make
a request for trial within 30 days from the date on which he has
received a copy of the decision. ¡ß Nullity Trial on Patent / Utility Model / Design
/ Trademark In case where a patent, utility-model, design or
trademark cannot meet the requirements set In case where the registration of extension of a
patent / utility-model which can not meet the requirements were
made, the interested person or examiner may request a nullity trial
for the same. ¡ß Nullity Trial on Correction In order to confirm the protection scope of a
right, the owner of a right or an interested person may request
a trial to confirm the scope of the right. Generally the owner of
a right requests this trial when he wishes to confirm that his right
has been infringed or an when interested party wishes to know whether
he has infringed the right.
In case where a patented invention is not used sufficiently
by the patentee or the licensees, ¡ß Appeal of Patent Tribunal ¡ß Warning Letter ¡ß Registration of Computer program We provide guidance and services in connection with
your software protection needs. 2. Following registration, the name, creator, the
date of creation and contents of the software We offer an analysis of your technical products
and conduct a search on domestic and ¡ß Translation |