특허법인 남앤남

FAQ

01. Can anyone take an action to prevent a pending application being registered?

Yes, through two measures: information and opposition.

02. What is time limit to file an opposition?

2 months from the publication date.

03. What procedures is an application examined through?

The filed application undergoes both formal and substantive examinations.

06. What is the registration term of trademark?

10 years and is renewed every 5 or 10 years.

07. What is the deadline for filing trademark renewal?

From one year prior to expiration date To 6 months (grace period) after expiration date.

08. What are the grounds for refusal to register a trademark?

i) Relative grounds of refusal: Similarity with earlier trademarks.

i) Absolute grounds of refusal: Descriptive mark indicating directly the characters of goods.

09. What are the required documents to file a design application?

i) Application form stating applicant’s name/address, the date of submission, the name of the article on which the design is embodied, the claim, and the priority data.
i) Drawings of the design; Priority document; POA.

10. Is there a grace period system in respect of registered designs?

Yes. If a design was disclosed prior to filing date of a design application, a grace period system can be applied, and it refers to a claim for exception to loss of novelty.

12. At what stage is the design application published?

After registration, the application is published.

15. Are typefaces protected?

Yes. They may be protected as design right, if they have three drawing sets; i) designated characters (52 alphabets), i) exemplary characters (36 alphabets) and i) representative characters (6 alphabets).

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