Korea Trademark Introduction
Trademark protection rule
Korea’s trademark law follows the “First-to-file” rule, which indicates that protection will be given to the trademark that is registered earlier vis-a-vis those who come late to file in the same trademark class, even though he/she may have used the mark for a while .
Under the principle of territoriality, trademark could only be protected in registered regions. Hence, protection is legally valid and limited only within Korea if the applicants register his/her trademark there, and vice versa. Businesses that fail to register their trademark in Korea will have very limited legal protection in Korea against trademark infringement. Corporation should apply overseas trademark if they want to expand their business, so as to avoid the infringement of trademark against or by a third party.
Renewal of registration
Noted that trademark will be removed from registration if applicants do not apply for renewals of registration within a specific period.
Korea Trademark Application Procedure
Application procedure normally takes 12 – 16 months, with 2 months of publication for opposition.
Below is the procedure of applying Korea trademark,
Korea Trademark FAQ
Korea Trademark Registration
Q1：What are the requirements if I want to apply Korea trademark?
A1： Overseas applicant needs to apply the trademark through qualified agency. Korean is the official language for application. Should you have any inquiries about applying Korea trademark, please feel free to contact our IP consultant anytime.
Q2：What do I need when I apply the trademark?
1. Application form：Should clearly state the basic information of applicants, including but not limited to name, address, nationality etc.
2. Classes of goods and services applied
4. Power of attorney
Korea Trademark Objection
Q2：Why my trademark is objected by KIPO?
A2：Reasons include (1) High similarity with another registered trademark, (2) Violation of trademark law, (3) Indistinctive characteristics, (4)Conflict with prior rights etc.
Q3：What should I do if the trademark is objected by KIPO?
A3： An applicant may reconcile the grounds for rejection by submitting evidence or opinions in support of their argument within 2 months after the receipt of notification. There is no partial rejection on Korea trademark application. The entire application is disqualified if applicant does not submit any evidences for specific classes. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Q4：How much for appealing examination?
A4：Appealing fee varies based on the case situation. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Korea Trademark Opposition
Q3：What should I do if my trademark is opposed by a third party?
A3：Applicant have to submit a notice of opposition containing a brief statement on the grounds for opposition within 30 days. Then, the opponent may submit the grounds for opposition within the next 30 days. Should you have any inquiries about trademark opposition or procedure, please feel free to contact our IP consultant anytime.
Q4：What if I do not submit written argument to KIPO when my trademark is opposed by a third party?
A4：Applicant will be treated as withdrawal of application if he/she does not submit the materials to KIPO within specific periods. KIPO will make the final decision then.
Q5：If I failed to object a trademark, can I apply trademark opposition with the same reason again?
A5：Anyone is not allowed to apply the trademark opposition with the same evidence or same reason after the decision is made.