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IP Newsletter | Spring/Summer 2019
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TRADEMARK, DESIGN, COPYRIGHT & UNFAIR COMPETITION
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Good News for Joint Trademark Owners in Korea
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Beginning October 24, 2019, renewal requests for registered trademarks owned jointly by several owners can be filed by any one of the joint owners alone. This amendment to the Trademark Act (TMA) was published on April 23, and is meant to ease the burden of joint trademark owners, who are currently required to file such renewal requests jointly.
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Even though renewing a registration is intended to be a simple act allowing owners to maintain their rights to a given trademark, under the current system, joint trademark owners can sometimes face difficulties in maintaining their rights if any of the joint owners cannot be reached (for example due to immigration, bankruptcy, unknown whereabouts, etc.), or if one joint owner simply refuses to file the renewal request for some reason.
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According to information from KIPO's database, a substantial number of renewal requests for such registrations have been rejected on the basis that not all joint owners of the trademark requested renewal. With the new amendment, KIPO seems to be acting to protect the smooth continuity of business operations in Korea, by allowing joint owners to more easily maintain their trademark rights.
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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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