[FAQs] What is the Trademark Examination Process in Korea?

          Once the application for a trademark has been submitted with the Korean Intellectual Property Office (KIPO), it will undergo both formal and substantive examinations. 

 

Formal Examination:

          In the formal examination, the application will be subject to revision to verify whether it satisfies all requirements such as the information about the applicant, whether the application is or not clear, if it is written in Korean, or if the designated goods are not described. 

 

          If something is found missing or wrong, the application will be returned to the applicant or the representative (attorney) along with a notice of amendment. Just when the application satisfies all the requirements, an application number will be assigned and the application will be examined against the requirements of the Trademark Act. If the application fails to comply with the requests for amendments, the application can be nullified. 

 

Substantive Examination:

          The substantive examination usually takes about 8 - 10 months from the date of filing. The applications are automatically examined in the order of their filing date. Alternatively, an applicant can also claim the “right of priority” when the basic foreign application for the subject mark was filed earlier. Claiming the Convention Priority can reduce the examination period from 8 months to 5-6 months.

 

          This examination determines whether the application can be registered under the Trademark Act considering the distinctiveness of the trademark and any potential conflicts with prior-filed/registered marks with regards to the designated goods and/or services. Registravility also considers whether the goods and services have been specified clearly. 

 

Provisional Refusal or Office Action:

          When a KIPO Examiner attorney determines that the trademark application does not meet the requirements, it will issue a Notification of Provisional Refusal (commonly known as Office Action). The examiner states the grounds of rejection and the applicant will be given a period of two months to file a response with arguments and/or amendments to the application to mend the grounds of rejection.

       

          If the KIPO examiner is not convinced by the written opinion of the applicant the examiner may decide to reject the application and issue a Final Rejection. When a final rejection is issued, the applicant can file an appeal against it. 

 

          When a response is not emitted within the given period of time, the application will be abandoned, your application fees will not be refunded and your trademark will not register. However, the applicants may request an extension that may be granted with the payment of an official fee. 

 

          On the other hand, if the KIPO examiner decided that the rejection has been overcome by the applicant’s response or from the beginning the examiner didn’t find any grounds for rejection, a decision to publish the trademark application should be issued. 

 

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To learn more about other steps of the Trademark registration process, follow the links coming next:

Steps for Trademark Registration in South Korea