The amendment to the Korean Trademark Act, passed by the National Assembly on December 27, 2024, was officially promulgated on January 21, 2025, and will take effect on July 22, 2025. The revision focuses on shortening the trademark opposition period and increasing punitive damages, aiming to enhance trademark registration efficiency and strengthen trademark protection.
Key Revisions
1. Opposition Period Shortened to 30 Days
Under the current law, the opposition period is two months from the date of trademark publication. The amendment reduces this period to 30 days, based on the following considerations:
Only about 1% of trademark applications currently face opposition;
Many applications are filed alongside product launches or for trademarks already in use, necessitating faster registration;
A shorter opposition period will improve registration efficiency.
To balance efficiency and fairness, the amendment retains the "simple notice of opposition + supplementary materials" mechanism, allowing opponents to submit additional evidence within 30 days after the opposition period ends. Additionally, domestic applications may be extended by 30 days, while foreign applicants may extend the period by up to 60 days.
The amendment applies only to trademarks published after its enactment.
2. Punitive Damages Cap Raised to Fivefold
Current law allows trademark owners to claim compensation based on the infringer's profits, the owner's losses, or reasonable royalty rates. The 2020 amendment introduced punitive damages, capping them at three times the actual damages for intentional infringement. The new amendment raises this cap to five times the actual damages, aiming to deter malicious infringement and address the challenges trademark owners face in proving damages.
The amendment applies only to infringing acts occurring after its enactment.
Legislative Significance
This revision marks a significant step in South Korea's efforts to improve its intellectual property protection system. By shortening the opposition period, the trademark registration process will become more efficient, while the increased punitive damages cap will help maintain market order and safeguard the legitimate rights of trademark owners.
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