Korea Trademark Registration

Korea Trademark Introduction

Organisation

Managing by Korean Intellectual Property Office (KIPO), applicants have to submit trademark application to KIPO for examination.

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

The protection period of trademark is 10 years beginning from the registration date, and can be renewed every 10 years. Trademark owner can renew his/her trademark before 12 months of the due date.

Noted that trademark will be removed from registration if applicants do not apply for renewals of registration within a specific period.

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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,

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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?
A2：
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
3. Trademark
4. Power of attorney

Q3：How much for applying Korea trademark?
A3：Should you have any inquiries about Korea trademark application fee, please feel free to contact our IP consultant anytime.

All information is subject to KIPO. You may click here to view more details.

Korea Trademark Objection

Korea Trademark Objection

Q1：What is trademark objection?
A1： An objection of trademark application after the examination of Korean Intellectual Property Office (KIPO) on applicant’s trademark.

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.

All information is subject to KIPO. You may click here to view more details.

Korea Trademark Opposition

Korea Trademark Opposition

Q1：What is trademark opposition?
A1： Anyone files an opposition notice to Korea Intellectual Property Office (KIPO) within the 2-month period beginning on the publication date.

Q2：Why my trademark is opposed by a third party?
A2：Reasons include (1) High similarity with another registered trademark, (2) Violation of trademark law, (3) malicious trademark registration etc.

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.

Q6：What should I submit if I want to oppose a trademark?
A6：Applicant has to submit the reasons of opposition to KIPO.

Q7：How much for opposing a trademark?
A7：Should you have any inquiries about trademark opposition, please feel free to contact our IP consultant anytime.

All information is subject to KIPO. You may click here to view more details.