몽골 상표법의 주요내용과 시사점

Since Mongolia enacted its trademark law in 2003, it was first revised in 2010, and most recently, the second revision was made in 2021. Through this revision, it has contributed to the enhancement of the rights of applicants and stakeholders, such as the introduction of the electronic application system and granting stakeholders the right to raise objections from the application stage, and has granted vested rights to those who have used similar trademarks fairly even before the applicant's trademark application, and some procedural regulations were revised to comply with international conventions related to intellectual property to which Mongolia has joined. However, in 2022 alone, there were more than 700 preliminary rejections of trademark application registrations, but compared to the number of rejections, there were only about 15 objections, that is, relief procedures through the Dispute Resolution Committee. This occurs because matters related to Article 5 of the Trademark Act, which stipulates trademarks and trademark registration requirements in the scope of work of the Dispute Resolution Committee, are not subject to dispute resolution as stipulated in Article 32 of the Revised Trademark Act. Accordingly, it would be desirable to add disputes under Article 5 of the Trademark Act to the subject of complaints and dispute resolution in Article 32 of the Trademark Act. In addition, the issue of trademark pledge is also important. In fact, trademarks have important economic value and are valuable as assets and collateral, so matters related to trademark pledge must be included in the trademark law.