PCT Patent Application Procedure
Trademark Application Procedure
Industrial Design Application Procedure
 

Industrial Design

1. General Information
1) Examination procedures:
Acceptance → Preliminary Examination → Publication → Substantive Examination → Grant
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: 5 years from the filing date, which is twice renewable every 5 years thereafter.
4) Multiple class application is acceptable.
5) Classification of design is based on the International classification.

2. Requirements for Filing Industrial Design Application
1) Required data for filing application
Instruction letter with following details:
a.  Full Name, Nationality and Address of applicant(s)
b.  Title of Industrial Design
c.  Classification of design
d.  Priority date, number and country (if priority is to be claimed)
Industrial Design Application in which the above items are filled should be submitted to the Trademark, Industrial Design and Geographical Indication 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 design applications.

  1. Creator's Declaration

Creator's Declaration should be duly signed and dated by the Creator.
Legalization and notarization are not required.
One Creator's Declaration shall be submitted for every one creator.
c.  Photographs or drawings of industrial design or model
d.  Description of industrial design

  1. Document attesting the legal existence of the applicant
  2. Priority document (if priority is claimed)

3. Renewal of Registered Industrial Design
A design registration is valid for a period of 5 years and two renewals can be obtained for further five years, that is to say the maximum duration of 15 years are available.
The payment of 2nd to 3rd year renewal fees should be made within six (6) months prior to the expiration of first year protection period and the payment of 4th to 5th year renewal fees within six (6) months prior to the expiration of third year protection period. If the payment has not been made within the said period, a grace period of six (6) months may be allowed.
The requirements for the design renewal are Power of Attorney and original Certificate of Registration issued by the Trademark, Industrial Design and Geographical Indication Office.

4. Notes:
1) The Administrative Authority for industrial design 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, Industrial Design and Geographical Indication 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.

 
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