News & Infomation
简报
November 2023
November 2023“Letter of Consent” can be used for the current Korean trademark application.
In Korea, the letter of consent system for similar trademarks will take effect on May 1, 2024. The amendment to the Korean Trademark Act, which adopts the system of letter of consent, was promulgated on October 31, 2023, and will take effect six months thereafter. In particular, the system will apply even to the trademark applications that have been filed under the previous law yet are still pending on May 1, 2024. In case your client receives a decision of rejection from the KIPO before May 1, 2024 based on a ground of similarity to the cited mark, you may advise your client to file an appeal against the decision of rejection with the Korean Intellectual Property Tribunal (KIPT). If a letter of consent can be obtained from the owner of the cited mark that is similar to the client’s mark, the ground of rejection due to similarity to the cited mark can be overcome by filing the letter of consent with the KIPT.
Meanwhile, a junior mark that is the same as the senior mark in terms of mark and goods cannot be registered regardless of a letter of consent. In other words, it is interpreted that the letter of consent system is applicable to a junior mark that is the same as the senior mark provided the goods are not identical but similar, and also, to a junior mark that is not identical but similar to the senior mark even if the goods are identical. In this regard, it is anticipated that a mark combined with a distinctive shape will not be considered identical to another mark consisting solely of the same letters. Consequently, the letter of consent is expected to be accepted, although further details need to be checked in a new Examination Guideline which is expected to be released around March 2024.
On the other hand, a provision has been added to the Korean Trademark Act stipulating that, if a mark registered based on a letter of consent is later used for an unlawful purpose and causes confusion to consumers, the mark may be cancelled through a cancellation trial. Accordingly, it is necessary to include information on preventing confusion among consumers in the letter of consent.
HANYANG International Patent and Law Firm will continue to provide you with details of the new Examination Guideline when it is released by the KIPO. Should you have any questions regarding the letter of consent system in Korea, please do not hesitate to contact us.
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