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New Regulation for Trademark Renewal (from July 28, 2010)

December 2010 - Intellectual Property. Legal Developments by Kim & Cho.

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Under the current Trademark Act, in a case where the owner of a trademark right wishes to extend the term of the trademark right, the owner must file an Application for a renewal of the term of the trademark right within one year prior to the expiry date of the trademark right, and after the formal examination, the owner must pay the registration fee within two months from the receipt of the Decision to Register the Trademark.

However, according to the amended Trademark Act(from July 28, 2010), if the owner of trademark right files a Request for renewal and pays the registration fee at the same time within the renewal period, the trademark right is extended without examination procedure.

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