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IP Newsletter | Fall 2017
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TRADEMARK & DESIGN
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Korean Trademark Act's Guidelines for the Designation of Goods and Classification Recently Amended
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One of the Trademark Act regulations, the Guidelines for the Designation of Goods and Classification ("Guidelines"), was amended on June 29, 2017, and the changes became effective on July 5, 2017. The Guidelines set out what designations of goods and services are acceptable to the Korean Intellectual Property Office ("KIPO").
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Korea has adopted the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Eleventh Edition of which became effective January 1, 2017). In principle, KIPO examiners follow the general rules of the Nice Classification System, such as the class headings, explanatory notes and alphabetical list. However, not all goods and services designations in the alphabetical list of the Nice Classification have been included in the Guidelines.
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With the recent amendments, the list of acceptable goods and services designations in the Guidelines has been significantly expanded. More than 4,000 goods and services designations have been newly added, some of which were adopted from the Nice Classification list, while others were adopted from the list of acceptable goods and services provided by the European Union Intellectual Property Office ("EUIPO").
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The key changes to the Guidelines are as follows.
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4,012 new goods and services have been introduced, particularly in Classes 5, 8, 10, 30, 38, 41, 42, etc., and the total number of the goods and services listed in the Guidelines is now 54,232.
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The following designations (which previously would have been deemed vague or too broad) are now acceptable in Korea.
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| Designation of goods and services |
Class |
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Pharmaceuticals
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5
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Pharmaceutical compositions
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5
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Implantable medicines
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5
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Snips [hand operated tools]
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8
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Foot massagers
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10
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Body massagers
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10
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Electrically operated massagers
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10
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Medical instruments
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10
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Flour
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30
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Data transmission and data broadcasting
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38
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Interactive broadcasting and communications services
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38
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Wireless transmission and broadcasting of television programs
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38
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Entertainment services
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41
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Training services provided via simulators
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41
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Instruction services
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41
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Teaching
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41
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Preparation of engineering reports
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42
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Engineering services for others
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42
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Engineering testing
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42
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Engineering feasibility studies
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42
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Engineering project management services
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42
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Engineering project studies
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42
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Technical supervision and inspection
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42
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Technical inspection services
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42
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Technical testing
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42
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Technical testing services
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42
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Technical engineering
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42
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Technical writing
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42
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Provision of surveys [technical]
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42
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Technical survey services
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42
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Research into new products
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42
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Of course, an applicant can register a mark for goods and services which are not clearly listed in the Guidelines, as long as the applicant can satisfactorily explain to the Examiner what the goods/services are and that they have been properly classified. However, as this can be very burdensome from the applicant's perspective, the expansion of the Guidelines' list of goods and services should make it substantially easier for applicants to obtain registrations for many goods and services, as well as registrations of a broader scope than before.
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Back to Main Page
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If you have any questions regarding this article, please contact:
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For more information, please visit our website: www.ip.kimchang.com
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