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.

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.

South Korea adopts the Nice International trademark classification.

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

Trademark applications in South Korea are examined on both formal and substantive grounds.

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.

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.

Yes, we provide a free basic trademark search. We strongly recommend conducting a trademark clearance search.

Foreign applicants must be represented by a registered South Korean trademark attorney.

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.