1. Similarity of Domain Names

The similarity between domain names and trademarks or trade names is generally judged according to the general standards for judging trademark similarity. In judging similarity, commonly used parts of domain names, i.e. www.http://.@.com.gov.edu.org.net.kr.re.pe and etc. are excluded because they are not distinctive.

2. Similarity of 3D Marks

If a figure of a 3D shape that is recognized from a certain direction is similar to a flat mark or similar to that of another 3D mark, they are regarded to be similar. The pronunciation or concept of a 3D mark is deemed to be generated by an overall figure as well as figure that is recognized from a certain direction. In case of a mark that is a combination of a 3D shape and characters, it is generally regarded that its pronunciation
is generated only by characters.

3. similarity between Trademarks and Service Marks

The similarity between trademarks and service marks are examined regardless of oppositions. A trademark and service mark are regarded to be similar if goods of a trademark are recognized to have a close connection with services of a service mark.

4. The Term of a Trademark Right

(1) The term of a registered trademark is for ten years after the registration date of its establishment.
(2) The term of a registered trademark may be renewed for an additional ten years upon applying to renew the term.

5. The Madrid Protocol in South Korea

On April 10, 2003, South Korea will officially accede to the Madrid Protocol. Since both North and South Korea are members of the Protocol, applicants should be careful about which of the two Koreas they designate before sending in their application.
Although the international application may be in either English or French, for purposes of extending the registration to South Korea, the application must be in English.
South Korea has declared that its examination period for international applications filed pursuant to the Protocol will be 18 months. Currently, the average time it takes KIPO(The Korean Intellectual property office) to examine national applications is 14 months.
Trademark rights in South Korea re registration-based, not use-based. Thus if the home mark on which the international application is based is successfully attacked within five years of filing, the designated South Korean application/registration will become null and void. One should convert the designated South Korean registration/application into a national application within the specified time to protect the rights obtained in South Korea, since use of the mark in South Korea will not give the trademark
owner any rights absent registration.
Korean Trademark Law Article 86-25 provides that a copy of the
international application may be attached to a complaint or warning letter for purposes of claiming compensation from the infringer and collecting compensation once the mark is registered in South Korea.
In the event that KIPO rejects the international application based on a prior South Korean registration or other grounds pursuant to South Korea's national laws, a local attorney must be appointed to deal with such objections, oppositions, cancellation or revocation of the designated South Korean application.


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