South Korea Trademark Registration

Registration is compulsory in South Korea (Republic of Korea) in order to be granted rights to a trademark, as this jurisdiction is “first-to-file”. However, in some cases, a well-known trademark can be protected even if it has not been filed yet.

Multiple class registrations are possible in South Korea.

The economy of South Korea is highly developed and has been described as the Miracle of the Han River. South Korea remains one of the fastest-growing developed countries in the world. If you plan to do business in South Korea, a South Korean trademark should be filed as soon as possible.

Important highlights of the South Korean registration process:

  • Multiple class applications are possible in South Korea
  • Co-ownership of a trademark is also possible in South Korea
  • A South Korean trademark in a regular procedure takes about 9-12 months from application until registration.
  • South Korea is a first-to-file country just like China and Mexico, with a few exceptions to defend good faith.
  • Registration is valid for 10 years starting from the day of registration (not from application like in many other countries).
  • In South Korea, there are government filing fees and government registration fees (grant fees).
  • Proof of use is not required at the time of filing or registration. However, if a trademark has not been used for 3 years, it may be canceled for non-use (just like in Canada).

We can help you with your South Korean trademark registration. We have a designated South Korean attorney to take care of all your legal needs in South Korea from obtaining a trademark clearance of trademark registration in South Korea.

Select a plan to start your Trademark Registration in South Korea

Prices are in USD for South Korea

SAIL THROUGH

$495

Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.

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ALL IN

$875

Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections. Single class. Re-filing guarantee.

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Prices depend on the country. Please check individual country page for exact prices for each package.

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Details about South Korea trademark packages

What’s included:

Preparation and filing of your application and reporting the progress all the way to registration.

Single class application. Each additional class will have the same fees. Our professional fees for the 2nd class will be $355.

What’s not included:

Government fees, responding to examiner’s objections (office actions), opposition proceedings, free re-filing, and additional extras that you get with the “ALL IN” package.

If an office action is received, you will be notified and provided with an estimate to respond based on our hourly rate. Where possible, we will try to give you a flat fee.

When to choose:

If your funds are limited and if our free trademark search didn’t uncover any obstacles to registration.

When it’s better to choose another package:

If our search showed that there may be an objection that may need to be addressed.

If your trademark may be problematic and re-filing may be required.

We usually recommend the ALL IN package in South Korea as objections may be possible.

If you would like a re-filing guarantee.

What’s included:

Covers everything that is included in the “SAIL THROUGH” package plus reporting and responding to non-substantive (procedural) office actions and free re-filing if your mark is refused by Korean Intellectual Property Office.

Free re-filing will be done on our “SAIL THROUGH” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

Single class application. Each additional class will have the same fees. Our professional fees for the 2nd class will be $450.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, substantive office actions, and opposition proceedings.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for South Korea.

Why is it a better choice than the “SAIL THROUGH” package:

We will deal with non-substantive office actions for free.  In addition, if your trademark is refused, you will have the option to file for a different trademark and our professional fees will be waived!

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

At this moment, we do not offer the BELLS AND WHISTLES Package in the Republic of Korea.

Government fees are not included in our packages and are extra

govfees

Republic of Korea

South Korean government filing fee is KRW 62,000 (US$50) per application, per class

South Korean government registration fee is KRW 211,000 ($170 per application, for the 1st class and KRW 2000 ($2) for each additional class.

South Korean government renewal fees are approximately KRW 310,000 ($250) per application, for the 1st class and KRW 2000 ($2) for each additional class.

Upgrades

Upgrade 1

$380

Upgrade “SAIL THROUGH” package to “ALL IN” package

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Frequently Asked Questions

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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