우리나라 상표제도 패러다임의 전환 – 미국 상표제도를 중심으로 -

Harmonizing a trademark protection, no country preserves strictly a first-to-file system and adds first-to-use factors to his system and vice versa. Korean Trademark Act mixed with between a first-to-use system and first-to-file on in trademark protection. Korean Trademark Act has been revised several times. One of them, we accepted the first-to-use system through WTO/TRIPs and FTA. However, it is time to need the amendment of first-to-use system for realistic trademark system. The examiner can request the applicant's intent-to-use during the substantive examination according to Korean Trademark Act Article 3. Korean Trademark Examination Standards must be definitely revised to operating effective. If applicant submit the intent-to-use document in application date as well as after-registration, we can prevent the storing mark. Introducing the partial refusal system, the applicant has giving a chance to ensure trademark rights. The applicant have to appeal against decision of refusal. However, the applicant can save a time and cost if we introduce reexamination system. Therefore, I suggest to revise the Trademark Act the intent-to-use amendment, partial refusal system, reexamination system in consideration to the United States Trademark system.