Trademark Non-Use Cancellation Proceedings in South Korea

  1. Reason for Cancellation: In South Korea, trademark non-use cancellation proceedings aim to cancel the registration of a trademark that has not been used in actual commercial activities. This procedure can be initiated when a registered trademark has not been used for a continuous period of three years after its registration.
  2. Filing for Cancellation: When there are suspicions that a registered trademark is not being used, an application for non-use cancellation can be filed. This application is submitted to the Korean Intellectual Property Office (KIPO).
  3. Presentation of Reason and Evidence: The application for non-use cancellation should present the fact that the trademark has not been used in commerce and provide evidence supporting this claim. This may include documentation proving the lack of commercial usage.
  4. Response and Arguments by Opposing Party: The holder of the registered trademark has the opportunity to respond to the non-use cancellation application and present counterarguments. Both parties can present their positions and evidence during this process.
  5. Examination and Decision: KIPO examines the submitted evidence and arguments before making a decision based on the merits of the case.
  6. Determination and Notification: Once the examination is complete, KIPO renders a decision and notifies both parties of the outcome.

Non-use cancellation proceedings are a crucial element to encourage the actual use of registered trademarks and prevent the cluttering of the trademark registry with marks that are not in active use.

When a trademark registration is rejected due to the existence of a prior trademark, the option of pursuing non-use cancellation proceedings becomes highly valuable. A prior trademark refers to an already registered trademark that shares similarities with the proposed trademark, causing the refusal of the new registration.

In this scenario, non-use cancellation proceedings serve as an effective tool to address the situation. If the prior trademark is not actively used, it could become vulnerable to cancellation based on non-use. By initiating these proceedings, interested parties can challenge the validity of the prior trademark’s registration, particularly if it has not been put into actual commercial use.

By demonstrating that the prior trademark has remained unused for a continuous period, typically three years in South Korea, the non-use cancellation proceedings can lead to the restriction or complete cancellation of the prior trademark’s registration. This, in turn, can clear the path for the registration of the new trademark that was initially refused due to the prior mark.