Hello, this is IPLEX IP Law Firm.
More businesses are recognizing the importance of trademarks and incorporating them into their commercial planning.
You can use the registered trademark for marketing, it is legally protected from similar brands, and you can use it as a strength even when you are a distributor.
However, even if you apply for a trademark early in your business, many people miss the fact that it takes a lot of time to register.
Korea’s Trademark Act operates a ‘Accelerated Examination System’ to ensure that if a certain requirement is met, it can be reviewed faster than other applications. With the Accelerated Examination System, you can shorten the examination time to several months, which usually takes over a year.
This article explains accelerated trademark examination.
What is accelerated trademark examination?
The examination of the trademark is carried out in the order of the application. However, applying these principles for all applications does not adequately protect the public interest or the applicant’s rights.
Accordingly, an application that meets certain requirements can be reviewed before any other application, regardless of the order of the application.
Eligibility for accelerated examination
Which applications may qualify?
- If the applicant is already using or preparing to use the trademark for all of the designated goods.
- After filing, a third party uses an identical or similar mark for the relevant goods in the course of business without legitimate grounds.
- The applicant has issued or received a relevant written warning, or faces a qualifying objection concerning use of the mark.
- Where a trademark application forms the basis of a Madrid Protocol international application and the international registration date or subsequent designation date has been entered in the International Register.
- A collective mark filed by an entity jointly established by SMEs under Article 26(1)(2) of the Government Procurement Act.
- In the case of a trademark application, which is the basis for the claim of priority under the treaty, a process involving the claim of priority is under way.
- The owner of a trademark that expired at the end of its term reapplies for an identical mark covering the same goods.
Application procedure
- Who may apply: The applicant or an interested party, subject to the applicable requirements.
- Timing: accelerated examination may be requested with the trademark application or while it remains pending, subject to the applicable requirements. A request may not be accepted if ordinary examination is already scheduled to begin within two months.
- Documents: A request for accelerated examination, a statement of grounds, and supporting evidence.
- Official fee: KRW 160,000 per class. Professional fees may apply separately.
Supporting evidence
Depending on the reason for the application, the contents of the application form vary.
A common ground is actual use, or concrete preparations to use, the mark for all designated goods. Submit evidence supporting the applicable ground.
The trademark accelerated examination system is an important tool to protect the timing and brand strategy of your business, not just as a means to get it reviewed quickly.
In particular, if you have a lot of work to do prior to trademark registration, such as product launches, distributors, and attracting investment, please use this scheme strategically.
However, since many people have difficulty meeting the requirements or preparing documents, it is important to be prepared with the help of a professional.
This article reflects the information available when it was published. Contact us to discuss your circumstances.