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1. Documentations
1)
Power of Attorney
2) A sample of trademark
3) Class(es) and list of designated
goods
4) Name and address of the applicant;
5)
Priority document, if priority is claimed.
2. Trademark Registration Requirements - A
trademark registration may be obtained except in the
following cases;
1) Where the mark consists
solely of a sign indicating, in a common way, the usual
name of the goods;
2) Where
the mark is customarily used on the goods;
3)
Where the mark consists solely of a sign indicating,
in a common way, the origin, quality, raw materials,
efficacy, use, quantity, shape (including shape of packaging)
or price of the goods, or the method or
time of manufacturing, processing or using them;
4)
Where the mark consists solely of a sign indicating
a conspicuous geographical name, an abbreviation
thereof or a map;
5) Where the
mark consists solely of a sign indicating, in a common
way, a common surname or name of a legal entity;
6)
Where the marks consists solely of a very simple and
commonplace sign;
7) In addition
to the cases mentioned in subparagraph 1) to 6), where
the mark does not enable consumers to recognize whose
goods it indicates in connection with a person's business.
Even in the case of a trademark which falls under
paragraph 3) to 6) where, as a result of the use of
such trademark prior to the application for registration
therefor under Article 9, consumers are able to conspicuously
recognize whose goods it indicates in connection with
a person's business, the trademark may be registered
together with the designated goods for which the trademark
has been used.
3. Summary of Unregistrable Trademarks
1)
Trademarks which are identical with, or similar to,
the national flag, the national emblem, medals,
decorations or badges of the countries party to the
Paris Convention for the Protection of Industrial Property,
the titles or marks of well-known international organizations;
2)
Trademarks which falsely indicate a connection to any
nations, races, ethnic groups, public organizations,
religions or famous deceased persons, or which criticize,
insult or are liable to defame them;
3)
Trademarks which are identical with, or similar to,
famous marks indicating a non-profit business of a State,
a public organization or agencies or public corporations
thereof.
4) Trademarks which
are liable to violate public order or morality;
5)
Trademarks comprising of a mark which is identical with,
or similar to, a medal, certificate of merit or decoration
awarded at an exhibition held by or with the authorization
of the Korean government or the authorization of the
other nation's government;
6) Trademarks
containing the name, title or trade name, portrait,
signature or seal, famous pseudonym, professional name
or pen name of well-known persons, or an abbreviations
thereof;
7) Trademarks identical with,
or similar to, another person's registered trademark
whose registration was applied prior to the filing
date of the trademark applications;
8)
Trademarks identical with, or similar to, another person's
trademark, where one year has not elapsed since the
date of extinguishments of the trademark right;
9)
Trademarks which are identical with, or similar to,
another person's trademark which is well known among
consumers as indicating the goods of that other person,
or goods similar thereto, and which are used on goods
that are identical with, or similar to, such goods;
10) Trademarks which are
liable to cause confusion with well-known goods or services
of another person;
11) Trademarks
which are liable to mislead or deceive consumers as
to the quality of the goods;
12) Trademarks
which are identical with, or similar to, a trademark
which is recognized as indicating the goods of a particular
person by customers in or outside of the Republic of
Korea, and which are used for unjust purposes
to obtain unfair profits or inflict harms to a particular
person, etc;
13) Trademarks
consisting solely of three-dimensional shapes essential
to secure the functions of goods requiring trademark
registration or their packing;
14) Trademarks
consisting of geographical indications or including
such indications with regard to the origin of wines
or spirits in a member of the World Trade Organization,
and which are used in connection with wines, spirits,
or other similar goods.
* For further detailed information, please
refer to the Industrial Property Laws/Trademark Law
of
Korean Intelletual
Property Office(KIPO) website at http://www.kipo.go.kr/ehtml/eInfIndex.html.
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