Hello, this is IPLEX IP Law Firm.
Businesses often add products after registering a trademark. Does protection for those new goods require a further application?
Of course, there are ways to reapply for a trademark, including new designated goods, but you can use the ‘Designated Goods Additional Registration Application’ scheme.
The designated goods additional registration application system is the same as re-applying the trademark and is subject to review, but after registration it can be managed with the existing trademark.
This article explains supplementary registration applications for additional designated goods.
What is a supplementary registration application for additional goods?
A designated goods application is a scheme that allows you to register only new designated goods for a trademark that is already filed or registered.
The applicant seeks examination of additional goods under the same mark, with the resulting rights integrated into the existing Korean trademark registration.
To register for designated goods, you must meet all of the following requirements:
1. A qualifying original application or registration must exist.
2 Applicant for additional registration = the original trademark holder or applicant.
3. The mark must be identical to the original mark.
4. The application must satisfy the ordinary trademark registration requirements.
An eligible trademark owner may file an application to register additional designated goods. The application is examined under the procedures and standards applicable to trademark applications.
Effects of supplementary registration
The following points apply after registration.
1. It is combined with the original trademark and is considered a single right.
When a designated goods is registered, it is incorporated into an existing trademark right. This means that no registration number is given and will only be retained for the duration of the original trademark. Thus, if the original trademark right expires, the rights to additional registered designated goods will also disappear.
2. A separate registration certificate is not issued automatically.
For general trademark registration, the registration certificate will be issued automatically at the time of setup registration, but no additional registration certificate will be issued for the designated goods application. You will not be able to receive e-registration benefits.
This article reflects the information available when it was published. Contact us to discuss your circumstances.