"Effectiveness in Preventing Trademark Disputes" On-Site Establishment of the Trademark Coexistence Consent System

The 'Trademark Coexistence Consent System' appears to be quickly taking root in the field. This system allows the registration of similar trademarks if the prior registered trademark rights holder consents. The purpose of its introduction is to reduce unnecessary trademark disputes and minimize losses due to trademark changes, thereby supporting management stability.

The Korean Intellectual Property Office (KIPO) announced on the 18th that a total of 447 applications for the Trademark Coexistence Consent System had been received by August since its introduction in May.

With over 100 applications submitted monthly, KIPO analyzed that this system is rapidly establishing itself in practice.

Previously, if an identical or similar trademark was already registered or had been applied for earlier, later applications for similar trademarks were rejected.

To use a trademark, it was only possible through transfer or assignment, which increased the possibility of disputes between prior and subsequent trademark rights holders.

However, with the implementation of the Trademark Coexistence Consent System, disputes related to trademark rights can be prevented in advance, and KIPO reports that the number of patent applicants seeking to utilize this system is increasing.

Among the applicants for the Trademark Coexistence Consent System over the past four months, the breakdown of prior and subsequent applicants was as follows: company vs. company accounted for 321 cases (72%), individual vs. company 70 cases (16%), company vs. individual 36 cases (8%), and individual vs. individual 20 cases (4%).

The examination results after submitting the coexistence consent documents were divided into ▲waiting for examination (submission of opinions, etc.) 217 cases (49%), ▲publication of application 185 cases (41%), ▲decision to register 34 cases (8%), and ▲trial stage (appeal against rejection decision) 6 cases (1%).

Trademarks registered under coexistence consent hold the same status as prior registered trademarks and are recognized to have the same effect as general registered trademarks.

Applicants wishing for trademark coexistence can submit a Trademark Coexistence Consent Form, which states that the prior registered (applied) trademark rights holder agrees to the registration of the identical or similar subsequent application trademark, along with the application form and opinion documents to KIPO during the trademark application or examination/trial stages.

Lee Chun-moo, Director of the Trademark Design Examination Bureau at KIPO, said, “We will actively collect voices from applicants and prior registered (applied) trademark rights holders in the field and continuously improve the Trademark Coexistence Consent System by eliminating unnecessary regulations.” He added, “KIPO will continue to efficiently organize and improve the system to enhance convenience for applicants.”

This content was produced with the assistance of AI translation services.