Many regulations will be amended to reduce the burden and inconvenience of right holders including simplification of the procedure of renewing trademark registrations
Along with the efforts to help overcome the ongoing financial crisis, many improvements on the trademark system will be made in order to reduce the burden and inconvenience of those who take steps for trademark registrations. First, trademark can be renewed just by paying the renewal fees without taking separate renewal procedure, and anyone can file for an appeal for canceling trademark registrations which are not in use more than 3 years.
The KIPO's plan to improve the trademark system includes great simplification in the trademark renewal procedure, enlargement in the qualification of claiming cancelling a trademark registration and paying registration fees in installments, said a KIPO official.
The improvement of system reflects three of the request on the trademark procedure. First, renewal of registered trademarks can be made more conveniently. Second, trademark registrations that have not been used can be easily cancelled so that others who need the trademark can use them. Lastly, the burden of paying registration fee should be reduced.
Regarding the renewal of trademarks, filing of renewal should have been made along with the payment of renewal fee. The renewal procedure will be simplified by lifting the procedure of examination and the registrant can renew his trademarks just by paying renewal fees.
Also reexamination will be made on current trademark policy centering around registration of the marks rather than use of the marks.
There has been problem of producing stored trademarks in the current trademark system where trademarks that are not used is registered and maintained. Only those who have interest in the unused mark can file a cancellation appeal for the mark now. But, anyone will be able to file an appeal for the unused mark by the amendment of law.
The burden of having to pay the registration fee for ten years at once will be reduced by allowing paying the fee in two installments.
Also the fees returned when the application has been cancelled or abandoned will be extended. The fee for claiming priority will be returned together with the filing fees when the application is cancelled or abandoned within 1 month from the filing date.
These amendments of law have been under review in the National Assembly and are expected to put to force next year.