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TRADEMARKS
TRADEMARKS | IROJE

TRADEMARKS

Korean Trademark Registration: Clearance, Examination, Opposition, and Recordals

We support Korean trademark filings, specification refinement under Nice Classification practice, office action responses, oppositions, recordals, and renewals—delivered with clear English reporting and predictable timelines.

1. Practical Guide for Foreign Counsel

Trademarks are protected in Korea under the Trademark Act. Korean trademark practice is commonly described by three pillars: (i) first-to-file, (ii) substantive examination, and (iii) opposition.

Key Practice Points

Registration vs. Unregistered Marks: Korean law generally does not protect unregistered marks under the Trademark Act. However, registration may be restricted if an earlier mark is well-known.

First-to-File: Korea follows a registration system; applicants should have a bona fide intent to use the mark in Korea.

Non-Use Cancellation: A registered mark can be cancelled if it remains unused for three or more consecutive years after registration.

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2. Procedure Flow & Requirements

KIPO Trademark Procedure Flow

Detailed visualization of KIPO's prosecution flow from application to renewal.

Filing Requirements

  • Application: Applicant details, the mark, and designated goods/services.
  • Classification: Goods/services must comply with the Nice Classification.
  • Priority: Must be filed in Korea within 6 months of the priority date.
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3. Examination & Registration

Substantive Examination: Trademark applications are automatically examined in order of filing. KIPO indicates examination generally takes about 5 months.

Publication & Opposition: If no grounds for refusal are found, the application is published. Any person may file an opposition within 30 days (non-extendable) from the publication date.

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4. Term, Renewal, and Enforcement

  • Term: 10 years from registration, renewable every 10 years.
  • Enforcement: Remedies include civil injunctions, damages, and potential criminal liability for infringement.
  • Appeals: Refusals can be appealed to the IPTAB within 30 days of the decision.

FAQ

  • Is prior use required? No, but non-use for 3 years post-registration risks cancellation.
  • How long is examination? Generally about five months from filing.
  • What is the opposition period? 30 days from the publication date.
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