II. CHANGES RELATING TO THE TRADEMARK LAW TREATY
Simplification of Renewal Procedure

Consistent with the TLT which eschews any substantive examination of a renewal application. Further, a registrant can file the renewal application by using the previous Korean classifications, which, under the current law, should be re-classified into the NICE Classifications.

The new law establishes a voluntary system wherein a separate application may be filed to amend the local classification of goods and services to the NICE Classification. Such applications, which can be filed concurrently or separately with a renewal application, can only be filed within the last 12 months of the registration period before the expiration date, and within the first 6 months after the expiration date. However, re-classification amendments are compulsory to the extent that, in the event a registration renewed after July 1, 2001 is not re-classified in accordance with the NICE Classification, the next renewal for the registration is not allowed.

Amendment Possible to Avoid Return of Application

The new KTA provides that, before returning a trademark application even due to a material deficiency, the applicant should be given an opportunity to amend the application. If the defect has been rectified by such an amendment, the date of filing the amendment would be regarded as the local filing date.