Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023
The revised Trademark Law allows an applicant to obtain trademark registration even if the applied-for trademark is identical or similar to a prior registered trademark, provided that a coexistence agreement is submitted from the rightholder of the prior registration. Revealing the rightholder’s int...
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| Format: | Article |
| Language: | English |
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Korea Institute of Intellectual Property
2024-06-01
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| Series: | Journal of Intellectual Property |
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| Online Access: | https://jip.or.kr/1902-01/ |
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| author | Youngtaeg Nam Jiseon Yoo |
| author_facet | Youngtaeg Nam Jiseon Yoo |
| author_sort | Youngtaeg Nam |
| collection | DOAJ |
| description | The revised Trademark Law allows an applicant to obtain trademark registration even if the applied-for trademark is identical or similar to a prior registered trademark, provided that a coexistence agreement is submitted from the rightholder of the prior registration. Revealing the rightholder’s intent for coexistence to the Intellectual Property Office through the agreement should be considered a public legal act because the intent is expressed to an administrative body for the purpose of an administrative action, namely, the registration of the trademark.
If there are defects in the declaration of intent between private parties, civil law provisions are applicable, allowing for cancellation. However, the provisions of civil law regarding defects are not applicable to the declaration of coexistence consent by the rightholder due to its legal nature and specific relationship with the administrative body. The effectiveness of the coexistence agreement is determined on externally and objectively manifested indications. Nevertheless, if the defects are substantial and externally clear, they may serve as grounds for registration refusal or as a basis for a trial to invalidate the registration. |
| format | Article |
| id | doaj-art-e0da445659de41be90ec86f1445a721e |
| institution | OA Journals |
| issn | 1975-5945 2733-8487 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Korea Institute of Intellectual Property |
| record_format | Article |
| series | Journal of Intellectual Property |
| spelling | doaj-art-e0da445659de41be90ec86f1445a721e2025-08-20T02:28:36ZengKorea Institute of Intellectual PropertyJournal of Intellectual Property1975-59452733-84872024-06-0119212610.34122/jip.2024.19.2.1Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023Youngtaeg Nam0https://orcid.org/0009-0001-7995-5365Jiseon Yoo1Director, Korean Intellectual Property Office, Trademark Examination Policy Division, Republic of KoreaDeputy Director, Korean Intellectual Property Office, Trademark Examination Policy Division, Republic of KoreaThe revised Trademark Law allows an applicant to obtain trademark registration even if the applied-for trademark is identical or similar to a prior registered trademark, provided that a coexistence agreement is submitted from the rightholder of the prior registration. Revealing the rightholder’s intent for coexistence to the Intellectual Property Office through the agreement should be considered a public legal act because the intent is expressed to an administrative body for the purpose of an administrative action, namely, the registration of the trademark. If there are defects in the declaration of intent between private parties, civil law provisions are applicable, allowing for cancellation. However, the provisions of civil law regarding defects are not applicable to the declaration of coexistence consent by the rightholder due to its legal nature and specific relationship with the administrative body. The effectiveness of the coexistence agreement is determined on externally and objectively manifested indications. Nevertheless, if the defects are substantial and externally clear, they may serve as grounds for registration refusal or as a basis for a trial to invalidate the registration.https://jip.or.kr/1902-01/coexistence agreement2023 trademark law amendmentslegal nature of coexistence agreementlegal effect of defective coexistence agreementprivate acts in public lawinternational examples of coexistence agreement |
| spellingShingle | Youngtaeg Nam Jiseon Yoo Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 Journal of Intellectual Property coexistence agreement 2023 trademark law amendments legal nature of coexistence agreement legal effect of defective coexistence agreement private acts in public law international examples of coexistence agreement |
| title | Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 |
| title_full | Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 |
| title_fullStr | Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 |
| title_full_unstemmed | Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 |
| title_short | Legal Nature of Consent to Coexistence under theTrademark Law: Focusing on the Revised Trademark Law Promulgated on October 31, 2023 |
| title_sort | legal nature of consent to coexistence under thetrademark law focusing on the revised trademark law promulgated on october 31 2023 |
| topic | coexistence agreement 2023 trademark law amendments legal nature of coexistence agreement legal effect of defective coexistence agreement private acts in public law international examples of coexistence agreement |
| url | https://jip.or.kr/1902-01/ |
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