On December 27, 2024, the Korean National Assembly passed an amendment to the Trademark Act, set to take effect six months after promulgation. This amendment introduces a notable change to opposition practice in Korea, specifically, a shortened opposition period after publication.
The amendment reduces the opposition period from two months to just 30 days, similar to the practice in the United States.
A 30-day opposition period provides for a more streamlined and faster process for trademark registration. The Korean change aims to expedite the registration process for applicants, allowing them to secure trademark protection more quickly should no opposition be contemplated by a third party. However, potential opposers must act quickly, filing a preliminary notice of opposition within the 30-day window and submitting a full opposition petition within another 30 days (with extensions possible for national applications). This adjustment will apply to Korean Trademarks published after the amendment’s enactment.
Trademark owners are recommended to take note of this change as quick action will be required in Korea should a potential conflict be identified after publication. McCoy Russell attorneys work closely with Korean counsel to handle international patent and trademark prosecution, patent and trademark licensing, patent non-infringement and invalidity studies, trademark oppositions and cancellations, and patent and trademark litigation matters.
