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, and protection is generally obtained through registration with MOIP/KIPO. Use is not required to file, but registrations can be cancelled for non-use if unused for three consecutive years after registration. Korean trademark practice is commonly described by three pillars: (i) first-to-file, (ii) substantive examination, and (iii) opposition.

2. Procedure Flow & Filing Requirements

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

Who Can File

Any person who uses or intends to use a trademark in Korea may apply.

What to File

KIPO lists the following filing package:

• Application including: applicant name/address (and executive officer name if a juristic person), the mark, designated goods/services and class, filing date, and priority details if claimed
• specimen of the mark (size limit stated)
• Priority document (if priority is claimed)
• Power of attorney (if necessary)

Practice note: Only the application itself must be submitted at filing; some items may be supplemented after filing upon notice.

Nice Classification (Goods/Services)

• Goods/services must be designated in accordance with the Nice Classification (adopted by Korea on March 1, 1998).
• Multi-class filings are allowed, with additional fees per class.

Priority Claim (Critical Deadlines)

• To claim Paris Convention (or equivalent) priority, file in Korea within 6 months of the priority filing date.
• The priority document must be submitted within 3 months from the Korean filing date, and this deadline cannot be extended.

3. Examination & Registration Process

Formal Examination (Filing-Date & Formalities)

KIPO notes that an application may be returned without an application number and treated as never filed if essential elements are missing (e.g., unclear application type, missing applicant name/address, not in Korean, missing specimen, missing designated goods, or non-resident filing without a Korean agent). If corrections are required, KIPO issues a notice to amend; failure to comply can nullify the application.

Substantive Examination (Automatic Examination)

Unlike patents, Korean trademark applications are automatically examined in order of filing date (with a limited statutory mechanism for priority handling in certain cases). KIPO states examination generally takes about 5 months from filing. To register, a mark must:

• fall within the legal definition of a trademark,
• be distinctive (or have acquired distinctiveness/secondary meaning), and
• not fall within statutory categories of unregistrable marks.

Publication → Opposition → Registration

If the examiner finds no grounds for refusal (or refusal is overcome), KIPO issues a decision to publish the application. After publication in the Trademark Publication Gazette, any person may file an opposition within 30 days (non-extendable). After a decision to register, the applicant completes establishment registration by paying the registration fee within the specified period.

4. Term, Renewal, and Enforcement

• Trademark rights last 10 years from registration and may be renewed every 10 years by filing a renewal application; once duly filed, renewal is deemed effective on the original expiry date.
• Remedies may include civil injunctions, damages, credit recovery claims, and possible criminal liability. KIPO notes infringement actions are generally civil/criminal court matters rather than Patent Court jurisdiction.
• If refused, applicants can appeal to the Intellectual Property Trial and Appeal Board (IPTAB) within 30 days from delivery of the decision copy; further appeal routes include Patent Court and Supreme Court.