Executive Summary
The “Trademark Coexistence Consent System” that permits registration of a subsequent similar trademark filed on identical or similar designated goods upon agreement from the owner of a prior registered (filed) trademark took effect May 1, 2024. The system will be applied to trademarks under examination as of May 1, 2024, and whether coexistence consent applies is not determined at the discretion of the examiner, but the rejection reason is overcome under the provisions of the law upon provision of written coexistence consent.
The written coexistence consent must include essential details such as the name of the right holder (applicant) of the prior registered (filed) trademark and the later filed trademark, the signature, the patent customer number, the registration (application) number, the designated goods of which registration is consented to, the date of consent, and confirmation of the details reflected in the registration register, and written coexistence consent with conditions such as a deadline, regional restrictions, or partial exclusion of legal effects is not accepted. In addition, the written coexistence consent is not accepted with respect to a trademark with the same mark and goods as the prior registered (filed) trademark, and the written general coexistence consent such as “consent to all trademarks to be filed in the future” is not accepted.
Moreover, since the purpose of the legislation of the Trademark Act includes the protection of consumers, the system has been prepared for this. When trademarks are registered through coexistence consent, the consent to coexistence is recorded not only in the trademark register of the later-filed trademark, but also in the trademark register of the prior registered trademark whose holder consented to the registration of the later-filed trademark. Further, when the trademark registered through coexistence consent is used for purposes of unfair competition, and causes confusion among consumers, both trademarks may be subject to cancellation of registration.
The KIPO announced that as a result of the implementation of the Trademark Coexistence Agreement system, the inconvenience of applicants who use identical or similar trademarks through indirect methods such as re-assignment or partial transfer after registration will be reduced, the use of trademarks without restrictions by small and medium-sized enterprises and small business owners will be facilitated, and disputes related to trademark rights will be prevented in advance.