i. A consent letter system is introduced (effective April 1, 2024)
The Revised Trademark Act, which includes a consent letter system, came into effect on April 1, 2024. If an applied-for trademark is identical or similar to an earlier registered trademark and its designated goods or services are identical or similar to the goods or services designated in the prior mark, the application is to be rejected.
The applicant may submit a letter of consent from the holder of the earlier registered trademark and other information. If such a letter is submitted, the Examiner judges the likelihood of confusion when considering the letter. If the Examiner judges there is no likelihood of confusion, the rejection is overturned.
If the Examiner judges that there is a likelihood of confusion, the rejection is not overturned despite the letter. If a trademark is registered with a consent letter but the use by one of the parties (Party A) could damage the business interests of the other party (Party B), Party B may request Party A to use an appropriate indication to prevent confusion. If Party A or B uses its trademark for unfair competition and confusion occurs, anyone can file a request to cancel the trademark registration.
The system for requesting an indication to prevent confusion and cancelation also applies to trademarks registered with temporary assignments. Read more