상표권 등록[Enforced September 1, 2016] [Law No. 14033,
[Fully revised on February 29, 2016]
Article 86 (Application for registration of additional designated products) ① A trademark right holder or applicant may obtain trademark registration by adding designated products to a registered trademark or trademark registration application. In this case, the expiration date of the trademark right for the additionally registered designated product shall be the expiration date of the registered trademark right.
② Any person who wishes to receive additional registration of a designated product pursuant to paragraph (1) shall submit an application for additional registration of a designated product stating the following details to the Commissioner of the Korean Intellectual Property Office.
1. Matters stipulated in Article 36 (1) 1, 2, 5 and 6
2. Trademark registration number or trademark registration application number
3. Products and types of products to be additionally designated
Article 86 (Application for registration of additional designated products) ① A trademark right holder or applicant may obtain trademark registration by adding designated products to a registered trademark or trademark registration application. In this case, the expiration date of the trademark right for the additionally registered designated product shall be the expiration date of the registered trademark right.
② Any person who wishes to receive additional registration of a designated product pursuant to paragraph (1) shall submit an application for additional registration of a designated product stating the following details to the Commissioner of the Korean Intellectual Property Office.
1. Matters stipulated in Article 36 (1) 1, 2, 5 and 6
2. Trademark registration number or trademark registration application number
3. Products and types of products to be additionally designated
Patent Trial and Appeal Board, 2021 Dang961, dated January 11, 2023
According to Article 86 of the Trademark Act, a trademark holder or applicant can obtain trademark registration by adding the designated products of the registered trademark or trademark registration application. Therefore, the Respondent in this case added the designated products of the registered trademark to the product using the actual use trademark, ‘Air purifying function’. A parts cleaning device with a ‘cleaning device’ or ‘a device that removes foreign substances from parts using compressed air…
Patent Trial and Appeal Board, February 22, 2022, 2021 Party (Cancellation Judgment) 110
… On August 10, an appeal was filed with the Supreme Court, and the Supreme Court (Judgment 2021Hu10770, pronounced on October 8, 2021) stated, “The reasons for the appeal were not stated in the notice of appeal submitted by the defendant (respondent), and the reasons for appeal were not submitted within the statutory period. Since it was not done, the appeal is dismissed pursuant to Article 86 of the Trademark Act, Article 186 of the Patent Act, Article 429 of the Civil Procedure Act, and Article 5 of the Special Act on Appellate Trial Procedures.”
Patent Trial and Appeal Board, January 2, 2019, 2018 (cancellation decision) 129 trial decision
If the judgment to cancel the trial decision becomes final, the reason for the cancellation is that the Intellectual Property Trial and Appeal Board is bound by the case (Article 86, Paragraph 2 of the Trademark Act, Article 189, Paragraph 3 of the Patent Act). Unless there are special circumstances such as claims regarding new facts or submission of new evidence during trial proceedings, the trial decision made by the Intellectual Property Trial and Appeal Board is bound by the final judgment and is lawful, so the trial decision is not…
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