The process to get a trademark in Korea usually involves several steps that start with filing an application for the registration of a trademark. Once a trademark is filed, the application goes through a period of examination where it is carefully reviewed before it is accepted. If a problem arises, the applicant will receive a notification of provisional rejection, with a given period of two months to file a response to mend the grounds of rejection. Although depending on the applicant’s situation, the given two-month period can be extended for several months.
When the application meets all the requirements, the examiner issues a decision of publication. Following the decision, there is a two-month period for other(s)'s potential opposition, in which the general public may raise an objection.
After the appeal period is over, the examiner enrolls the trademark. The applicant can finally obtain the trademark right by paying a registration fee for the establishment of the registration.
The overall process of obtaining a trademark registration in Korea can take between 12 and 14 months if there are no provisional rejections or oppositions, so it is recommended to file an application as soon as you have a mark that you want to protect.
Here is the step by step process to register a trademark in South Korea:
Step 1: Applying and filing for a trademark:
To register a trademark in South Korea, an applicant needs to fill out and submit a relevant trademark application with the Korean Intellectual Property Office (KIPO).
The application must be filed in Korean and must specify: 1) the applicant’s name and address (of a person or juridic person that takes the process), 2) the trademark 3) the designated goods/services and class(es) according to the “Nice Classification”
Along with the application, normally representations of the trademark should be submitted. For instance, a drawing image in JPG format (including only words, words & design logo, or only design logo). Depending on the type of trademark, the representation could be a sound, a short video, a smell, etc.
Any applicant with a residence/business address in Korea can file trademark(s) applications by themselves. However, usually due to the risks of failure and the lack of familiarity with the procedures, people usually choose to file a trademark with a local agent. In that case, it is necessary to submit a Power of Attorney (POA). Foreign applicants need a local agent unless he/she has a residence/business address in Korea.
Additionally, a priority document (along with the Korean translation) is also required if the right of priority is claimed.
For more details, read Applying and Filing for a Trademark in Korea
Step 2: Examination; formal and substantive:
Once the application for a trademark has been submitted, it will undergo both formal and substantive examinations.
The examination searches whether the application for a trademark satisfies all the requirements, and searches for conflicting prior trademarks or prior applications/registrations, distinctiveness, descriptiveness, etc. Examination of a trademark application generally takes between 8 to 10 months from the date of filing.
If the examiner finds ground for rejection, the KIPO issues a Notification of Provisional Refusal (Office Action). The applicant will have a two-month period to file a response with opinions and/or amendments to overcome the grounds of rejection.
Learn more about Trademark Examination Process in Korea
Step 3: Publication and opposition:
After the examination, the examiner attorney may decide to reject the application and issue a Final Rejection or to render a decision to publish the trademark application in the Trademark Publication Gazette. Once published, the application undergoes a two-month period for other(s)'s potential opposition wherein any person can file an opposition application seeking to nullify the trademark application.
Read more about this step: Trademark Publication and Opposition Period
Step 4: Decision of grant of protection and registration:
An application that satisfies all the requirements for registration will receive a Decision of Grant Protection. Official fees must be paid within 2 months after the notification of allowance for granting the trademark right.
Follow the link for more regarding the Decision of Grant of Trademark Protection
The trademark protection term in Korea is 10 years and can be renewable an unlimited number of times every 10 years.
To learn more details of each step, we recommend you the following links:
Applying and Filing for a Trademark in Korea
Trademark Examination Process in Korea
Trademark Publication and Opposition Period
