Articles
AS A RELIABLE PARTNER ON YOUR SIDE,
WE WILL GROW WITH YOU.
KASAN Newsletter - July 2026
2026.08.28
I. Amendments to the Enforcement Rules for Trademark and Design Registration Procedures
The Ministry of Intellectual Property (MOIP) amended the Enforcement Rules of the Trademark Act and the Design Protection Act, effective June 17, 2026. The amendments introduce changes to trademark and design registration certificates and simplify certain procedural requirements for international trademark applications.
First, the designation "REPUBLIC OF KOREA" has been added to the English name appearing on Korean trademark and design registration certificates. As a result, newly issued certificates will more clearly identify them as official registration certificates issued by the Government of the Republic of Korea. This change is intended to improve the recognition of Korean registration certificates in overseas trademark enforcement, licensing transactions, and other cross-border matters.
The amendments also simplify certain procedures relating to international trademark applications. Previously, where the first document filed was a request for an extension of a statutory time limit, applicants were generally required to submit a separate notification of appointment of representative. Under the revised rules, this notification is no longer required in such cases. The change is expected to facilitate procedures particularly for foreign applicants that do not have a domicile or place of business in Korea.
In addition, the descriptions relating to opposition documents have been clarified so that applicants can more easily determine which documents should be submitted and by whom.
Although the amendments do not affect the substantive scope of trademark rights, foreign practitioners may notice changes in the format of Korean registration certificates issued after the amendments. The procedural simplifications for international trademark applications are also expected to reduce administrative formalities, particularly for overseas applicants.
II. Amendments to Korean Trademark Examination Procedures
Revised Korean trademark examination regulations came into effect on July 1, 2026, introducing several procedural changes intended to improve the efficiency and fairness of trademark examination.
Under the revised regulations, experienced examiners may decide routine cases without additional internal approval, allowing straightforward applications to proceed more efficiently through the examination process.
The amendments also clarify the operation of the partial refusal system. Where examination of a later-filed application has been suspended because of a prior-filed application, the ground for suspension is deemed to have been resolved once the refusal of the prior application becomes final and the designated goods are no longer considered identical or similar.
In addition, where an applicant does not respond to an Office Action, the previously required duplicate notice issued before a final refusal may be omitted, allowing both refusals and registrations to proceed more promptly.
To enhance procedural fairness, applications remanded by the Intellectual Property Trial and Appeal Board (IPTAB) will now be reassigned to a different examiner rather than being reviewed by the examiner who originally issued the refusal.
Although the amendments do not change the substantive standards for trademark examination, they are expected to streamline examination procedures, shorten examination time, and enhance procedural fairness, particularly in remanded cases.