Korea, South

Legal basis is the Trademark Act, last amended on June 11, 2014, and said amendments became effective on June 11, 2014. South Korea is a member of the Madrid Protocol.Trademark protection is obtained by registration.

Trademark registration classification:

Nice Classification

 Requirements: 

  • An application stating the following: the name and address of the applicant (including the name of an executive officer, if the applicant is a juristic person).
  • The trademark. 
  • The designated goods and class thereof.
  • Specimens of the trademark.
  • The priority document if the right of priority is claimed.
  • A power of attorney, if necessary.

Procedure:

  • The application is filed at the Korean Intellectual Property Office (KIPO).
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • If an examiner does not find any grounds for rejection of a trademark then the application is published in the official gazette.
  • Once a trademark application is published in the official gazette, the "Trademark Publication Gazette," any person may file an opposition within two months (non-extendable).
  • Upon decision of the trademark registration, an applicant can apply for establishment registration of the trademark right after paying the registration fee within the specified period.
  • The processing time from first filing to registration or first office action is approx. 9 to 12 months.

Duration and Renewal: Protection begins from the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.

 

 Fee Structure
          
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