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Is trademark marking mandatory in the Republic of Korea?
The Korean Trademark Act provides that a trademark owner can use the ® registration symbol if the mark is registered in Korea. It is permissible to use the ™ symbol as a trademark indication regardless of whether the mark is registered or the application is pending. According to the Korean Trademark Act, the use of the® registration symbol in connection with a mark that is not registered in Korea is deemed to be a false representation. Any person found to be in violation of this provision may be fined up to 20 million South Korean won (US$15 000) or imprisonment of up to three years.
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Can priority from a foreign trademark be claimed in South Korea?
A certified copy of the Priority Document together with the Korean translation should be submitted within 3 months of filing the trademark application in the Republic of Korea. This term cannot be extended.
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What classification system does South Korea use?
South Korea adopts the Nice International trademark classification.
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Which trademarks are not registrable in the Republic of Korea?
A trademark in the Republic of Korea may be refused registration if it is:
  • Generic
  • Descriptive
  • Well-known geographical location
  • Person’s name or a surname
  • Deemed to be composed of simple and commonplace components
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On what grounds are trademarks examined in South Korea?
Trademark applications in South Korea are examined on both formal and substantive grounds.
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What is the trademark registration process in South Korea?
The trademark registration process in South Korea is as follows: After the application for trademark registration in South Korea has been electronically filed, the application will undergo both formal and substantive examinations, substantive examination includes a search for conflicting marks and a distinctiveness examination. After the examination, an application is published in the Official Gazette before opposition. The opposition period for a Korean trademark application is 2 months from the date of publication. Official fees for granting should be paid within 2 months from the date when the Notice of Allowance was received. The term of a registered trademark in Korea is 10 years from the date of registration. The whole process takes 9-12 months.
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What types of trademarks can be protected in South Korea?
In South Korea, trademarks can be categorized as follows: 1) work marks 2) Figurative trademarks consisting of drawings 3) Combined marks consisting of words and images (Called word and device mark) 4) 3D trademarks 5) color 6) sounds 7) smells Most commonly filed trademarks are 1, 2 and 3.
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Do you provide a free trademark search in South Korea?
Yes, we provide a free basic trademark search. We strongly recommend conducting a trademark clearance search.
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Can you file a trademark application yourself in South Korea?
Foreign applicants must be represented by a registered South Korean trademark attorney.
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Are multi-class applications allowed in South Korea?
Yes, they are; however, considering that the costs of each additional class are the same as a new application, usually local attorneys recommend filing one application for each class, as to have independent processes in the case of denial or opposition.
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Is trademark use required for trademark registration in South Korea?
While use is not required for trademark registration, a trademark in South Korea may be canceled by a third party through a trial on the basis of non-use it there has been no use for more than 3 years and if there have been no legitimate reasons excusing non-use.
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How long is a trademark opposition period in South Korea?
A trademark opposition in South Korea may be filed by an interested party within 2 months from the date of its publication.
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How long is a South Korean trademark valid for?
A trademark in South Korea is valid for 10 years from the registration date (not from the application date like in many other countries). A trademark may be renewed an unlimited number of times every ten years. A renewal application should be filed within 1 year before the expiration date. This term may be extended by a 6-month grace period after the renewal due date.
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What are the filing requirements for a South Korean trademark?
We need the following information in order to prepare a trademark application in South Korea.
  • Name and address of the applicant. In the case of a company, the particulars of the company (name and address) and the name and position of the director/representative signing the POA.
  • Trademark name or logo (in JPEG file format)
  • The list of goods and services, based on the International Nice Classification
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What is South Korean Trademark Office called?
South Korean Trademark Office is called Korean Intellectual Property Office (KIPO).
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Is power of attorney required in order to file a trademark in South Korea?
A power of attorney is necessary for trademark filing. We will provide a power of attorney for you. It is not necessary to legalize or make an apostille of the POA and a simple PDF and scanned copy will be sufficient.
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