Article 1499. Expert of the symbol declared as a trademark

1. The examination of the symbol declared as a trademark (nominated symbol) shall be carried out on the basis of an application accepted as a result of a formal examination. The examination shall verify the conformity of the declared designation with the requirements of paragraphs 1 to 6, paragraph 7 (1), subparagraph 3 of paragraph 9 (for industrial samples), paragraph 10 (for means) Article 1483 of this Code establishes the priority of the trademark. In the event of an application in accordance with the provisions of the Convention, the Government of the Republic of Korea is required to take measures to regulate intellectual property in accordance with the provisions of the Convention. In accordance with article 1477 and 1483, paragraph 1, of the present Code, the reasons given in the communication for the non-conformity of the declared designation with the requirements of articles 1477 and 1483 of the Code shall be taken into account in the proceedings. 2. On the basis of the results of the examination of the declared designation, the federal intellectual property authority shall decide on the State. In accordance with the international treaties of the Russian Federation on the basis of the results of the examination of the trademark, the federal executive body shall: The intellectual property authority decides whether to grant legal protection or not to grant legal protection to a trademark in the territory of the Russian Federation. Decision on refusal of State registration of the trademark or decision on State registration of the trademark in respect of part of the goods on the list of goods on the date The applicant shall be notified in writing of the results of the conformity check in accordance with article 1497, paragraph 2, of the present Code. The applicant ' s arguments are taken into account when accepting p. 4. Decision on the State registration of t The trademark may be reviewed by the Federal Executive Authority on Intellectual Property before the registration of the trademark because of: (1) the receipt of an application that is earlier in time. and give priority, in accordance with articles 1494, 1495 and 1496 of the present Code, to the same or similar extent to which the designation for homogeneous goods is mixed; (2) the State Register as the geographical or place of origin of the goods, a symbol of the same or similar degree to the degree of confusion with the trademark specified in the decision on registration; (3) Identification of an application containing the same trademark or identification of a protected trade mark in respect of overlapping lists of goods, in whole or in part, with the same or b Early priority of the trademark; (4) amendment of the applicant which, in the case of State registration of the declared mark as a trademark, may lead to the introduction of the consumer the goods, their manufacturer or place of production.