Global Trademark GO - South Korea——Introduction to Korean Trademark Application

The Korean Trademark Law was promulgated on November 28, 1949, and has been revised more than ten times. The latest revision was completed on December 11, 2002. The types of trademark registration include: commodity trademarks, service trademarks, collective trademarks, three-dimensional trademarks, and color trademarks.

1. Trademark authority:

• Korea Industrial Property Office
• English: Korea Intellectual Property Office, abbreviation: KIPO
• Website: Korean Intellectual Property Office Trademarks & Designs > Korean IP System > Trademarks (kipo.go.kr)
• Trademark Search: Trademark < SEARCH - KIPRIS

2. How to apply for trademark registration:

• Paper submission; electronic submission

3. Trademark registration application language:

• Korean

4. Documents required for trademark registration application:

• Trademark pattern
• Applicant details
• Designated goods and categories of trademarks
• Priority document and its Korean translation (can be submitted within 3 months from the filing date, this period cannot be extended)
• Power of attorney (it is recommended to submit a scanned copy of the power of attorney when submitting a trademark application in Korea. If it is not submitted at the time of submission, KIPO will issue a submission notice and stipulate the time limit for submitting the POA)

5. Korean trademark registration application process:

• Formal review: After the application is submitted, the legality of the submitted application documents, trademark drawings, power of attorney and other documents will be reviewed; if the application is in compliance with the regulations, the application date and application number will be awarded.
• Substantive examination: Examine whether the trademark is registrable according to the law, for example, whether it is distinctive. If the examiner considers that the trademark is not suitable for registration, a notice of rejection will be issued. Applicants can respond within the specified time. Applicants can also apply for a delay in responding.
• Announcement: After the trademark passes review, the applicant will be notified that the trademark application has been accepted and published in the Trademark Announcement. Anyone can raise objections, state reasons and submit relevant evidence within the 2-month announcement period.
• Registration Approval: Trademarks that are found to be registrable after opposition, or trademarks that have been announced as having no objections will be approved for registration and a registration certificate will be issued.

6. Trademark cancellation

• If the trademark has not been used for three consecutive years before the trial proceedings begin, the Korean registered trademark may be revoked.

7. Trademark objections

• The opposition period for Korean trademark applications is 2 months from the date of publication.

8. Authorization, validity period and trademark renewal

• The official fee for the grant is payable within 2 months from the date of receipt of notification of grant. A Korean registered trademark is valid for ten years from the date of registration and can be renewed unlimited times every ten years. Renewal application should be submitted within 1 year before the expiry date. This term may be extended by a grace period of 6 months after the renewal expiry date.

9. Average time for trademark authorization

• The average time from application to trademark registration in Korea is 9-12 months.

10. Madrid registration

• The time limit for responding to the provisional refusal of international registration in Korea is 2 months from the date of the refusal issued by the Intellectual Property Office. This period can be extended by 2 months. Replies should be in Korean. A local agent must be designated to submit the response. No modification or appeal possible.