South Korea Trademark Registration
Our Trademark Attorneys in South Korea will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:
Step 1
Trademark Comprehensive StudyA report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in South Korea. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.
Step 2
Trademark Registration RequestThe filing and processing of the Trademark Registration Request before the South Korean Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.
Step 3
Trademark Registration CertificateOnce your trademark is approved for registration, you will need to request the Trademark Registration Certificate.
The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.
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Is registration of a trademark mandatory in South Korea?
Registration is not compulsory, but it is advisable. In the absence of registration, it is not possible to prevent others from using the mark if it is not well known in Korea, and there is a risk that others may register it.
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Which Intellectual Property rights are registrable?
Distinctive word marks, devices, signs, and three-dimensional shapes and combinations thereof, with or without color limitations are registrable. Service marks can also be registered.
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Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?
Yes. A trademark can be registered for retail and like services.
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Is there any advantage in using a trademark before filing an application?
No. There is no advantage in using the trademark before filing an application. There is an exception regarding well known mark sthat are in actual use.
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How long does the registration process take?
In the absence of objections and oppositions, the registration process takes approximately 10 to 12 months.
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Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?
A trademark must be used within three years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use after the three-year term may cure nonuse, provided that in the interim no third party has filed an action for cancellation for nonuse.
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In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?
It would not be presumed as rightful use to use the verbal element separately from the registered mark in the case of a mixed mark (drawing + words). Accordingly, if in a cancellation trial based on non-use, such separate use would not be deemed as rightful use of a registered trademark.
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How can I know which is the due date for the renewal of a registered trademark?
The term/renewal date of a registration is 10 years from the registration date.
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When should I pay the renewal fee of my registered trademark?
A renewal must be filed during the twelve month period expiring with the renewal date.
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Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?
It is possible to renew for six months after the renewal date with payment of a fine.
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What documents are required for filing a trademark or renewal application?
A power of attorney (authorization form) executed by the proprietor is required for renewal.
South Korea

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