Trademark

Voluntary amendment

Which process can be considered if an error was detected from the trademark application filed at the Korean Intellectual Property Office (KIPO), or an applicant simply wishes to amend the filed particulars?

 

Under the situation, voluntary amendments may be filed at the KIPO. Voluntary amendment is an amendment voluntarily filed at the KIPO in order to revise the filed particulars instead of responding to office actions issued by the KIPO. For the voluntary amendments to be accepted, the essential details should not be changed. Acceptable voluntary amendments include the followings:

 

  1. Reducing coverage of designated goods

Goods may be amended within the coverage of the original filing

 

  1. Amendment of errors

Obvious errors may be amended by filing voluntary amendments

 

  1. Clarification

By filing voluntary amendments, uncertain part(s) on the trademark application may be clarified. For example, additional details may be added to the description of goods by filing voluntary amendments.

 

  1. Deletion of peripheral part of trademark

Peripheral part of trademark may be deleted or amended. For example, “incorporated” from the company name may be amended to “Inc.” although amending trademark drawings after filing is not commonly allowed under Korean practice.

 

If filed timely, voluntary amendments may avoid office actions, which may incur cost to respond to the KIPO. Accordingly, taking expeditious actions is recommended in filing voluntary amendments in the case that the amendment is necessary and the amendment will be acceptable according to the KIPO’s requirement.

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