The current trademark regulations in North Korea are mainly based on the revised Trademark Law on December 21, 2011. The North Korean Trademark, Industrial Design, and Geographical Indications Office is responsible for managing trademark affairs, and the official language is Korean. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The registration of North Korean trademarks follows the principle of "application first".
North Korea is a signatory to international intellectual property treaties such as the Paris Convention, Lisbon Treaty, WIPO Convention, and Nice Agreement, and a member of the Madrid Protocol and Madrid Agreement. Therefore, trademark registration can be handled through either "single country registration" or "Madrid international registration".
At present, North Korea adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in North Korea include: text, name, graphics, color combinations, and slogan. Non traditional trademarks such as sound, smell, etc. cannot be applied for registration temporarily.
If the applicant does not reside in North Korea, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5. Business license needs to be notarized; Individuals applying in their own name need to have their passport or household registration book notarized.
6.If priority is declared, proof of priority and corresponding Korean translation documents must be provided.
The main process for applying for registration of a North Korean trademark is: application - acceptance - examination - approval - issuance - announcement. The application will be accepted approximately one month after submission, and the examiner will conduct a formal and substantive examination of the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, the registration will be approved and a registration certificate will be issued. After obtaining the certificate, an announcement will be arranged, and the opposition period is 12 months from the announcement date (objections can also be submitted within 12 months from the application date without waiting for the actual examination results of the Trademark Office). Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in North Korea takes 1 and a half to 2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be extended and may take 2-3 years.
The North Korean trademark is valid for 10 years after registration, starting from the date of application;
Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months;
The renewal is valid for 10 years.
If a trademark is not used for five consecutive years after registration, any interested party may apply to revoke the registered trademark; Except for cases where the power holder is unable to use it normally due to force majeure such as trade restrictions and trade barriers.