Scheduled to be implemented in April next year... Expected stable use of trademarks by small and medium-sized businesses

The system for applicants will also be revised, including the expansion of the scope of trademark registration fee refunds

<Trademark coexistence consent system: Same or similar trademarks can be registered with the consent of the prior trademark holder>

In Korea, an amendment to the Trademark Act was passed by the National Assembly which introduces the 'Trademark Coexistence Consent System.' This new system allows registration of the same or similar later-filed trademarks if the holder of the previously registered trademark agrees. Under the current system, registration of a pre-registered trademark or a later-filed trademark that is identical or similar to the first-filed trademark is rejected. According to statistics, more than 40% of all rejected trademarks are rejected for this reason, and about 82% of them correspond to trademarks applied for by small and medium-sized businesses (as of 2022).

​<Stabilization of trademark use by small and medium-sized businesses expected with the added effect of preventing trademark disputes> 

​As a result, it is expected that trademark registration rejections due to similar pre-registered trademarks will be reduced, and the use of trademarks by small and medium-sized businesses and small business owners will be stabilized. Additionally, the new system is expected to help prevent trademark disputes. This consent system has already been introduced and implemented in other countries such as the United States and Singapore and is also about to be implemented in Japan.

<Implementation beginning in April 2024...Includes about 10 improvements, including expansion of trademark registration fee refund targets>

In addition, this amendment, scheduled to be implemented in April 2024, includes expansion of the scope of trademark registration fee refunds and other system improvements, and is expected to protect the rights and interests of applicants and make the system of applying for trademarks more convenient.​

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