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Amendments to Trademark Laws

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Okt 20, 2022 (Newsletter Issue 15/22)
DPR Korea
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Trademark Law Amended

Recently, the Intellectual Property Office of DPR Korea has announced the amendments of the Trademark Law according to Decision of the Standing Committee of the Supreme People's Assembly on 30 June 2022. The amendments became effective as of 1 September 2022. Key amendments are the following:

E-filing of trademark application required: According to Article 9, all procedures relating to trademark registration shall be carried out through the e-filing system. Scanned copies of all required documents by e-mail are acceptable.

Deadline for submission of required documents shortened: According to Article 13, the documents required for processing a new trademark application must be filed within 2 months from the filing date (previously, it was 3 months).

Deadline for responding to refusal notice shortened: Per Article 26, where a trademark for registration is refused, and the applicant is dissatisfied with the decision of the Trade Mark Office, the applicant has the possibility to respond to the refusal within 3 months from the date of refusal (previously, it was 6 months).

The decision of re-examination is valid unless a further appeal is filed within 2 months from the date of the announcement. In accordance with Article 27, the applicant who disagrees with the decision of re-examination may initiate legal proceedings before the Committee for the Temporary Trademark Re-examination within 2 months from the date of receipt of the notice.

Deadline for trademark renewal application shortened: Following Article 40, a renewal application for a trademark registration shall be filed within 6 months before the expiration of the 10 years duration (previously, it was 12 months). A grace period of six months may be allowed if the renewal application is not filed within this period.

Use requirement period shortened: According to Article 43, if a registered trademark has not been used by a third party for 3 consecutive years after the date of registration, an application for cancellation of the trademark may be filed. Previously, it was 5 consecutive years.

The IP Office is expected to update the official fee for trademark proceedings soon.

Source: Pyongyang IP Centre, DPR Korea