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Korea (South) - Amendment to Trademark Act

The Korean Trademark Act has been amended, with effect from January 1, 1996, to allow protection for marks in color. Under the amendment, a single color or combination of colors is registrable, provided it is combined with the traditional elements of a trademark, namely, words, letters, devices or combinations thereof. Prior to the amendment, all trademarks in Korea were registered in black and white, regardless of whether color constituted an important element of the trademark. Under the amendment, color will be considered a factor in determining the overall similarity between competing trademarks. It is therefore advisable to obtain registration for marks in color where color is a distinctive and predominant aspect of the trademark.

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