PCT Patent Application Procedure
Trademark Application Procedure
Industrial Design Application Procedure
 

National Trademark Registration

1. General Information
1) Examination procedures:
Acceptance → Preliminary Examination → Publication → Substantive Examination → Registration
2) Examination term: six (6) months from filing to registration. In case of Provisional Refusal after 6 months, re-examination application should be filed within six (6) months from the date of refusal if the applicant wishes to overcome the rejection.
3) Duration of Trademark Protection: 10 years from the filing date, which is renewable every 10 years thereafter.
4) Multiple class application is acceptable while series application is not.
5) Classification of goods is based on the International classification.

2. Requirements for Filing Trademark Application
1) Required data for filing application
Instruction letter with following details:
a.  Full Name, Nationality and Address of applicant(s)
b.  Name of the trademark
If the name of trademark does not consist of Latin characters, then its pronunciation should be written in English.
If the trademark includes the year or medal, the certificates to it should be provided.
c.  International class(es) of goods
d.  Priority date, number and country (if priority is to be claimed)
Trademark Application in which the above items are filled should be submitted to the Trademark Office with filing fee.
The date on which the Application is filed shall be the filing date.
2) Documents to be submitted within 3 months from the filing date
a.  Power of Attorney
Power of Attorney should be duly signed and dated by the applicant.
Legalization and notarization are not required.
One General Power of Attorney can cover all future trademark applications.
b.  List of goods and/or services
c.  Samples of trademark
8cm x 8cm in photos, prints or copies
d.  A document attesting the legal existence of the applicant
The name of applicant, address, nationality, the scope of industrial and commercial activity should be disclosed.
Business License or Abstract from the Trade Register is also available.
e.  Priority document (if priority is claimed)

3. Renewal of Registered Trademarks
The period of validity of a registered trademark is ten years, counted from the filing date.
If the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration should be made within six (6) months prior to the renewal due date. If no application has been filed within the due period, a grace period of six (6) months may be allowed.
The necessary documents for the renewal application are Power of Attorney, original Certificate of Registration issued by the Trademark Office and five prints of trademark.

4. Notes:
1) The Administrative Authority for trademark affairs is Trademark, Industrial Design and Geographical Indication Office of DPR Korea.
2) All the application documents and response to the office action should be submitted within three (3) months from the filing or receiving date and the deadline can be extended up to three (3) months with term extension fee per month.
3) Since the Trademark Office requires application documents both in English and Korean version, it is recommended therefore, that the application documents be forwarded to our firm with sufficient time to prepare filing documents in Korean.

Madrid Trademark Registration

1. General Information
Madrid international trademark registrations refer to the registrations based on Madrid Agreement concerning the International Registration of Marks and on the Protocol Relating to the said Agreement.
As DPR Korea is a member State of Madrid Agreement and Madrid Protocol, Madrid International trademark registrations can be extended to our country. The Trademark Office of DPR Korea makes two types of provisional refusal based on the National Trademark Law: total refusal or partial refusal.
In case of overcoming the provisional refusal, a request for re-examination with sufficient arguments should be filed within 6 months from the date of refusal.
If the argument filed is convincing examiner, the re-examination shall take place within one or two months from the filing date and its result shall be notified through the relevant agency.

2. Requirements for filing an appeal
- International registration number
- Power of Attorney
A Power of Attorney should be signed and dated by the applicant.
Legalization and notarization are not required.
One General Power of Attorney can cover all future trademark applications.
- Details of International Registration of the refused mark and the cited mark(s).
- Arguments and relevant evidential materials (if any)

3. Notes:
1) The Administrative Authority for trademark affairs is Trademark, Industrial Design and Geographical Indication Office of DPR Korea.
2) If applicant wishes to file an appeal against the provisional refusal, an application for re-examination should be filed within 6 months from the date of refusal. If applicant fails to meet the deadline, the filing can be further extended up to 2 months with additional fee.
3) Since the Trademark Office requires application documents both in English and Korean version, it is recommended therefore, that the application documents be forwarded to our firm with sufficient time to prepare filing documents in Korean.

Miscellaneous

The TAEDONGGANG Patent and Trademark Law Office of DPR Korea (TPTLO) is in full service for all the procedures on Trademark Search, Change Record of Ownership or Trademark Registration, Trademark Assignment and Renewal of Trademark Registration in DPR Korea.

1. Trademark Search

We should provide with the service for trademark search by a registration number, trademark name and owner’s name.
Trademark Search takes a day from its filing date.
For application fees you can find our schedule of charge on our website.

2. Change Record of Ownership or Trademark Registration

The necessary documents for filing Change Record of Ownership or Trademark Registration are Power of Attorney, Certificate of Trademark Registration (original) and notarized document for change of name/address.
For application fees you can find our schedule of charge on our website.

3. Trademark Assignment

The necessary documents for filing Trademark Assignment are Power of Attorney, Certificate of Trademark Registration (original), Certificate to the legal existence of the assignee and copy of Contract between assignor and assignee.
For application fees you can find our schedule of charge on our website.

4. Renewal of Trademark Registration

The necessary documents for filing Renewal of Trademark Registration are Power of Attorney, Certificate of Trademark Registration (original) and five prints of trademark.
Application for Renewal of Trademark Registration should be filed before the Trademark, Industrial Design and Geographical Indication Office of DPR Korea within six (6) months prior to the expiring date of the said trademark registration.
We inserted the list of trademarks which are subject of renewal in 2011 at our website.
For application fees you can find our schedule of charge on our website.

 
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Website: www.tptloffice.com