Wednesday, April 24 2024   \  Published by Nam & Nam.

Korean Trademark Act revision effective from May 2024 allows for letters of consent

Korean Trademark Act revision effective from May 2024 allows for letters of consent

Following news shared earlier in the year about the likely introduction of a letter of consent system in Korea, the relevant bill passed the National Assembly in early October and the revised Trademark Act has recently been promulgated, with an effective date of May 1, 2024.

The Act also contains several other amendments of note. Please refer to the following:

Letters of consent

In response to a refusal based on citation of a senior mark, a letter of consent from the owner of the senior mark may be submitted to KIPO in order to overcome the refusal ground.

Further, the supplementary provisions to the amended Act clarify that letters of consent will be accepted even for applications filed before the effective date of the amendment, with the new rules applying at the time a decision on trademark registration is made by the examiner. In other words, from May 1, 2024 onwards a letter of consent may be submitted to overcome a refusal ground regardless of the filing date of the application.

However, an exception is that letters of consent will not be accepted when the two marks in question are identical and both marks cover identical goods/services.

A new cancellation ground applying to trademarks registered based on a letter of consent will also be available, and may be utilized in situations where anti-competitive use of the mark causes consumer confusion or deception. Read more

Ready to Get Started?

Contact Sales