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Type Trademark
Writer TB
Date 9 Nov 2007, 06:42:41
File
 
Subject International Trademark Registration
Content Why KIPO does not allow the goods designated in an international trademark registration (Madrid Protocol) to overlap with the goods of a domestic trademark registration held by the same applicant?

Reply In January 2003, the Korean Intellectual Property Office signed 
the Protocol related to the Madrid Agreement concerning 
the international registration of marks. Thus, we operate international 
trademark registration system in accordance with the Madrid procedures, 
which are administered by the World Intellectual Property Organization (WIPO), 
and in accordance with the designated country’s domestic laws.

The Madrid system reduces the complexity of filing an application 
by instead of obviating the need to file a separate application 
in each country. Before you lodge an international application 
for a mark, you must already have filed or registered the mark 
for the same goods or services with a national or 
regional registration office. To claim priority, you should file 
a priority claim within six months of filing the first application. 

Under the Madrid system, each office of a designated country 
examines whether the international trademark can be registered 
in accordance with the laws of the designated country. 
The trademark will be protected as long as the application 
satisfies the registration requirements in the designated country. 
If the same mark has already been registered or layed open 
in a specific designated country, that country can refuse to 
register the mark, though you can appeal the refusal. 

We recommend that you find the detailed regulations in the 
Madrid section of the WIPO Web site. If you have 
any further questions, please contact us again, preferably, 
with precise details of your application and circumstances. 
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