South KoreaBelow is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
table of contents
Trademark registration application/examination status in Korea
①Number of trademark registration applications in 2022: 259,078
②2022 trademark examination period: 13.9 months
Applicable laws and regulations
・Trademark law
https://www.law.go.kr/LSW/lsInfoP.do?lsId=001870&ancYnChk=0#0000
・Trademark Law Enforcement Order
https://www.law.go.kr/LSW/lsInfoP.do?lsId=003823&ancYnChk=0#0000
・Trademark Law Enforcement Regulations
https://www.law.go.kr/LSW/LsiJoLinkP.do?lsNm=%EC%83%81%ED%91%9C%EB%B2%95+%EC%8B%9C%ED%96%89%EA%B7%9C%EC%B9%99¶s=1&docType=JO&languageType=KO&joNo=002800000#
Comparison of Japanese and Korean trademark systems
| South Korea | Japan | |
| treaty of paris | ○ | ○ |
| madpro | ○ | ○ |
| nice agreement | ○ | ○ |
| international classification | ○ | ○ |
| Examination system | ○ | ○ |
| Multi-class application | ○ | ○ |
| Application publication system | × | ○ |
| Type of trademark | Symbols, characters, figures, sounds, smells, three-dimensional shapes, holograms, movements, colors, etc. (all indications used to indicate the origin of the product) | Characters, figures, symbols, three-dimensional shapes or colors, or combinations thereof, sounds, etc. |
| Subjects protected by trademark law | Goods, services, collective trademarks, geographical indications, certification marks, business marks | Goods, services, collective trademarks, regional collective trademarks, defensive marks |
| Principles of entitlement | First-to-file principle | First-to-file principle |
| Necessity of a local agent if the applicant is overseas | 必要 | 必要 |
| power of attorney | 必要 *Can be submitted after application *Comprehensive power of attorney system available | Not required (necessary at trial stage) |
| Application language | Korean (Hangul) | Japanese |
| Duration | 10 years from the date of registration *Can be updated | 10 years from the date of registration *Can be updated |
| Non-use cancellation period | 3 *Any number of people can request | 3 *Any number of people can request |
| Opposition period | 2 months from the date of public announcement (before registration) *Anyone can file an objection. | 2 months from the publication date of the gazette (after registration) *Anyone can file an objection. |
| Invalidation trial system | ○ *Requests can only be made by interested parties and examiners. | ○ *Only interested parties can request |
| Partial rejection system | ○ *Effective from February 2023, 2 | × |
| Reexamination request system | ○ *Effective from February 2023, 2 | × |
Other Information
- Korea has an additional registration system for designated goods, and if you wish to add designated goods or designated services to a registered trademark or trademark for which you are applying, you can apply for additional registration.
Korean trademark search
・KIPRIS (Korea Intellectual Property Right Information Service)
http://www.kipris.or.kr/khome/main.jsp
You can search for Korean trademarks for free on the above KIPRIS website provided by the Korean Patent Office (KIPO) and the Korean Patent Information Institute (KIPI). You can search not only for trademarks but also for patents and designs. It is convenient that there is not only a Korean version but also an English version. Please enter the keyword you want to search and try searching.
Q&A regarding Korean trademark system
Q: What is a business mark?
A:
"Business mark" refers to a mark (symbols, characters, figures, etc.) used by a person running a non-profit business, such as the Korean Red Cross Society, to represent the business (Korean Trademark Law Article 2, Paragraph 1, Item 4).
Examples: Korea Consumer Protection Agency, YMCA, Rotary Club
If you wish to register a business mark, you will need to submit an application for trademark registration (with a sample of the business mark attached) attached with a document that proves the management facts of the business (for example, in the case of a corporation, the articles of incorporation). It must be submitted to the Commissioner of the Patent Office.
Q: What is a collective mark?
A:
A "collective mark" is a mark that is used directly by a corporation jointly established by a person engaged in the business of producing, manufacturing, processing, certifying, or selling products, or a person engaged in a service industry, or under the supervision of such a corporation. A mark used by members of an affiliated organization in the area of goods or services related to their business (Article 2, Paragraph 1, Item 3 of the Korean Trademark Act).
Q: What is the one trademark, one application principle?
A:
Trademark registration applications must be filed for each trademark by specifying one or more products within the product classification specified by the Korean Ministry of Commerce, Industry and Energy Ordinance, and this is done on a one-trademark, one-application basis. This principle means that it is not allowed to apply for more than one trademark at the same time in one application. To apply for two or more trademarks, you must file a separate trademark registration application for each (Article 1 of the Korean Trademark Act).
The principle of one trademark, one application is a basic principle that applies to new trademark registration applications, applications for additional registration of designated goods, and applications for renewal of the term of trademark rights.
Q: What should I do to register for trademark renewal?
A:
Trademark right renewal registration procedure
– In order to register for renewal of a trademark right, an application for renewal registration must be completed and submitted within one year before the expiration of the trademark right term. However, if you do not apply for renewal within this period, you can apply for renewal of the term within six months after the expiration of the term (Article 1 of the Korean Trademark Act).
– When submitting an application for trademark renewal registration, if the applicant's personal information on the applicant code is different from the personal information of the registrant in the registration register, then according to the Korean Trademark Law Enforcement Regulations, You must submit the "Registration Application Form for Change of Registered Name Display (Correction)" and carry out procedures for changing or correcting the registered name display. In other words, if the personal information does not match the personal information on the applicant code, you must submit an "Applicant Information Change (Correction) Request Form" and change (revise) the information so that it matches.
Q: Please explain how to apply for additional registration of designated products.
A:
Specifying the product used in the trademark
– When filing an application for trademark registration, you must specify one or more products that use the trademark within the classification of the trademark you want to protect and the products specified by the Korean Ministry of Commerce, Industry and Energy Ordinance. (Article 1 of the Korean Trademark Act).
– The attached table of the Enforcement Regulations of the Korean Trademark Act clearly states the classification of 1 products from Class 34 to Class 34 and the classification of 35 service industry classes from Class 45 to Class 11.
South Korea has adopted the International Classification of Goods (NICE Classification) determined by the NICE Agreement on the International Classification of Goods and Services for the purpose of registering marks.
Application for additional registration of designated products
– A trademark registration applicant can designate one or more products at the same time when filing a trademark registration application, but if it is necessary to add designated products after filing a trademark registration application or after trademark registration, the applicant may designate one or more products at the same time. You can apply to add products.
Q: Is it possible to apply for trademarks for holograms and movement trademarks?
A:
From July 2007, 7, hologram trademarks, movement trademarks, and trademarks consisting only of color will be included in the protection of Korean Trademark Law. (Article 1, Paragraph 2, Item 1 of the Korean Trademark Act)
Q: Is the accelerated examination system available in Korea?
A:
In South Korea, the accelerated examination system was introduced in 2009. The number of requests for accelerated examination has been on the rise since its introduction, and in 2019 there were 12 requests, approximately 7,595 times the year of introduction. In 2019, the requirements were relaxed, and applicants can now request accelerated examination by submitting a prior trademark search report from a reputable institution. In normal examination, it takes about 7 months to reach FA, but in the case of accelerated examination, this can be shortened to about 2 months.
The main examples listed as requirements for requesting accelerated examination are as follows.
2. The applicant has received a warning letter regarding similar trademarks from the prior registered trademark right holder.
3. The trademark application forms the basis of a priority claim in another convention country
It is also possible for applicants to receive preferential examination by submitting preliminary search results from a trusted specialized organization (if they request the specialized organization to notify them of the search results).
Q: What is the partial rejection system?
A:
The partial refusal system is a newly introduced system that came into effect on February 2023, 2. Previously, even if there were reasons for refusal for some of the designated goods, the entire application would be rejected, but with the introduction of this system, if there are reasons for refusal for some of the designated goods in a trademark application, the designation will be rejected. Only products are now rejected. Therefore, if the applicant accepts the decision of refusal, the applicant can register only the designated goods for which there are no reasons for refusal after the refusal is finalized without any special procedures.
However, this system does not first decide to publish/register only designated products for which there are no grounds for refusal. Since it is necessary to wait several months for the refusal to be finalized, if you wish to quickly register a product for which there are no grounds for refusal, we recommend that you amend the deletion of the rejected designated product or file a divisional application.