TRADEMARK
WORLD IPC PATENT FIRM
Foreign Language Applications
The Paris Convention route and Madrid System are both available for trademark applications in Korea.
Types of Marks
Trademarks, Service marks, Collective marks, Business emblems
Unregistrable Marks
Non-distinctive marks such as common name marks and descriptive marks.
Marks identical or similar to another person's previously registered or applied trademark.
Marks identical or similar to another person's famous trademark.
Classification of Goods/Services
The NICE classification system of goods and services has been adopted, and a single application covering multiple classes is available.
Filing Requirements
Trademark Application (with personal data such as the applicant's name, address and nationality, a trademark specimen, and description of the designated goods/services) and a Power of Attorney
Examination Procedures
Substantial examination shall be applied only to a trademark application that passes the formality examination. The substantial examination procedure considers all absolute and relative reasons for rejection.
When the examiner finds no grounds for rejection, the trademark application concerned is published in the Korean Trademark Gazette. When there is a reason for rejection, the applicant is entitled to a notification of the reasons for refusal and given an opportunity to submit a written statement of arguments against the reasons for refusal.
Oppositions
Within 2 months from the trademark publication date, any third party can file an opposition to the published mark. Once an opposition is filed, the trademark applicant is notified and will then be given an opportunity to file a response to the opposition.
Period of time from application to registration
It generally takes about 6 months from the filing date of a trademark application to receive an official communication from the examiner. Accordingly, a trademark registration may be granted within 10 months unless a further official action or opposition delays the process.
Terms and Renewals
The term of a registered trademark is 10 years and may be renewed every 10 years.