Executive Summary
He-lin Lee Patent Attorney & Attorney at Law
On December 20, 2023, the Korean Intellectual Property Office (KIPO) announced that it had partially amended the Enforcement Decree of the Trademark Act to abolish the accelerated examination system for trademark applications through specialized institutions.
Previously, anyone could apply for accelerated examination through a specialized institution by paying an additional fee, regardless of whether the trademark was being used or being prepared for use on each designated product. However, as the number of accelerated examination applications has surged in recent years, leading to delays in the general examination period and raising questions about the reliability of the examination results of specialized institutions, KIPO proposed an amendment to the Enforcement Decree of the Trademark Act to abolish the accelerated examination system through specialized institutions on August 17, 2023.
After soliciting opinions from several stakeholders including specialized institutions, patent attorneys, etc., KIPO decided to implement the amendment, believing that it is necessary to strengthen support for accelerated examination in urgent areas by excluding cases where the need for urgent processing has decreased for accelerated examination. As a result, it is no longer possible to apply for accelerated examination through a specialized institution from January 1, 2024.
However, accelerated examination applications are still possible in the following cases: if the applicant demonstrates that the trademark is being used or being prepared for use on each designated product; if the applicant for trademark registration receives a written warning (opposition) from another trademark registration applicant/trademark owner related to the trademark application or if the applicant for trademark registration makes a written warning related to the trademark application; if a trademark registration application is made as the basis for an international application; or if a trademark registration application is made as the basis for a priority claim.
The accelerated examination system through specialized institutions has been widely used as a means of securing rights in a stable manner. It is unfortunate that applicants will no longer be able to enjoy the benefits of this system, but the pace of trademark examination at KIPO is expected to return to normal as a result of this amendment.