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Table Of Contents

4. Effect of business emblem rights
PART II SUBSTANTIVE ASPECTS OF THE ACT
CHAPTER I REGISTRATION REQUIREMENTS OF TRADEMARKS
SEC. 1 REGISTRABLE TRADEMARKS
II. Distinctiveness
2. A theory on the registrability of trademarks
III. Non‐distinctive marks
1. Generic‐term marks
2. Generic trademark
3. Descriptive marks
4. Famous geographical names
5. Common surnames and designations
6. Simple and common marks
7. Other non‐distinctive marks
IV. Treatment of non‐distinctive marks under the Trademark Act
1. Pre‐registration
2. Post‐registration
V. Trademarks that acquired distinctiveness by its use
2. Requirements of acquired distinctiveness
3. Specific criteria
4. Effect of acquired distinctiveness
1. Trademarks identical or similar to national flags and emblems
3. Trademarks identical or similar to marks of public organizations
4. Trademarks contrary to morality or public order
awarded at exhibitions
6. Trademarks containing the names or titles of famous persons
7. Trademarks identical or similar to another person’s registered
9. Trademarks identical or similar to a well‐known trademark
as to the quality of goods
12. Application filed for illegitimate purposes
schemes indicating the functions of goods or the packaging
14. Geographical indications of the origin of wines and spirits
III. Treatment under the Trademark Act
CHAPTER II TRADEMARK RIGHTS
SEC. 1 SIGNIFICANCE OF TRADEMARK RIGHTS
SEC. 2 JOINT OWNERSHIP OF TRADEMARK RIGHTS
II. Details of jointly owned trademark rights
1. Free use by joint owners
2. Restrictions by the characteristics of trademark rights
III. Effect of any violation of restrictions arising from joint ownership
1. Subject to cancellation proceedings
2. Dismissal as unlawful
SEC. 3 OBLIGATIONS OF TRADEMARK OWNERS
II. Obligations on the use of trademarks
1. Obligation to use
2. Obligation of legitimate use
3. Monitoring and supervision obligations
III. Obligations on the transfer of trademarks
III. Exclusive license
IV. Non‐exclusive license
VI. Obligations of licensees
II. Causes for lapse
III. Effect of lapse
VII. Miscellaneous
II. Formal examination and orders of procedural amendment
III. Substantive examination and denial decision
IV. Publication of applications
V. Claim for loss
VI. Opposition to trademark registration
1. Classification by structure
SEC. 2 TYPES AND SUBSTANCE OF PROCEEDINGS
I. Appeal from refusal
2. Petition requirements
3. Manner of filing
4. Hearing and decision
II. Appeal from rejection of amendment
III. Proceeding to invalidate trademark registration
3. Petition requirements
4. Hearing procedures
IV. Proceeding to invalidate the renewal of a trademark registration
2. Grounds for invalidation
V. Proceeding to invalidate the reclassification of designated goods
VI. Proceeding to cancel a trademark registration
2. Grounds for cancellation
3. Filing of a cancellation proceeding
4. Filing of a cancellation proceeding
5. Hearing procedures
VIII. Declaratory proceeding
2. Types of declaratory proceedings
3. Filing requirements
5. Effect of decision
2. Institutional intent
II. Grounds for retrial
III. Parties to a retrial
IV. Period in which retrial may be filed for
V. Retrial procedures
VI. Effect of retrial
VII. Appeal from a decision rendered in a retrial
SEC. 4 LITIGATION
I. Lawsuit to reverse a KIPT decision
II. Administrative litigation
SEC. 5 PENAL PROVISIONS
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Understanding the Trademark Act of the Republic of Korea

Understanding the Trademark Act of the Republic of Korea

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Published by: blackralee on Sep 30, 2011
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10/12/2012

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