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Trademarks, and service(Trademark hereinafter)marks
may be protected in the Republic of Korea under the Trademark
Act; and for such protection, marks should be registered
with the Korean Intellectual Property Office ("KIPO").
The use of a trademark is not a prerequisite for filing
an application for the registration of a trademark. Unregistered
marks are not protected under the Trademark Act, although
the owner of a well-known or famous mark is given some
protection under the Trademark Act by way of preventing
others from obtaining a trademark registration for an
identical or similar mark.
There is no course of action against infringement of a
well-known or famous unregistered trademark under the
Trademark Act, but an action may be brought under the
Unfair Competition Prevention Act.
The Korean Trademark Law is characterized by : |
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First-to-File Rule; |
Substantial Examination |
Pre-grant Opposition |
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Full name, address and nationality of the
applicant
Class and Designated goods to be protected
Specimen of the mark
A power of attorney simply signed by the applicant (Use
of a General Power of Attorney is recommended.)
A certified copy of the priority document, if claimed |
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