Trademarks Law in South Korea
Trademark protection in South Korea is governed by the Trademark Act, and the Korean Intellectual Property Office (KIPO) is the authority responsible for examining, granting, and administering intellectual property rights, including trademarks.
๐งพ Trademark Registration Process
Application Filing
Applicants must submit a trademark application to KIPO, including:
A clear representation of the trademark
Applicant's name and address
A list of goods/services associated with the trademark
The appropriate class(es) under the Nice Classification system
A signed Power of Attorney (if represented by an agent)(Trasomark: Everything You Need to Know)
Examination
KIPO conducts both formal and substantive examinations to assess compliance with legal requirements, including distinctiveness and potential conflicts with existing marks. The examination process typically takes about 5 to 8 months.
Publication and Opposition
If the application passes examination, the trademark is published in the Trademark Gazette. Third parties have a 2-month period to file oppositions. If no opposition is filed or if any opposition is resolved in favor of the applicant, the trademark proceeds to registration.
Registration and Renewal
Upon approval, the applicant must pay the registration fee to finalize the trademark's registration. The trademark is then protected for 10 years from the registration date and can be renewed indefinitely for successive 10-year periods.
โ๏ธ Legal Framework and Enforcement
First-to-File Principle: South Korea follows the "first-to-file" system, granting trademark rights to the first party to file a valid application, regardless of prior use. (Trasomark: Everything You Need to Know)
Well-Known Marks: Even unregistered well-known trademarks are protected under the Unfair Competition Prevention and Trade Secret Protection Act, which prohibits the use of marks that are identical or similar to well-known marks. (๋ฒ๋ฌด๋ฒ์ธ ์ถฉ์ HMP LAW Tech & Comms Team)
Enforcement: Trademark owners can enforce their rights through civil actions in district courts, seeking remedies such as injunctions, damages, destruction of infringing goods, and removal of infringing facilities. Intentional infringement may also lead to criminal penalties, including imprisonment of up to seven years or fines up to KRW 100 million. (NT Partner Law Firm, ๋ฒ๋ฌด๋ฒ์ธ ์ถฉ์ HMP LAW Tech & Comms Team)
๐ฐ Fees (as of 2024)
Application Fee: Approximately KRW 52,000 (approx. $38 USD) per class.
Registration Fee: Approximately KRW 201,000 (approx. $147 USD) per class.
Renewal Fee: Approximately KRW 300,000 (approx. $220 USD) per class if renewed within the official period; KRW 230,000 (approx. $170 USD) per class if renewed within the 6-month grace period.
๐ Timeline
Standard Examination: Approximately 10 to 14 months from filing to registration. (Trasomark: Everything You Need to Know)
Priority Examination: Approximately 3 months from filing to registration, available upon request and subject to additional fees. (pinepat.com)
๐ Recent Amendments
Recent amendments to the Trademark Act have introduced several changes:(hfgip.com)
Digital Goods Protection: The distribution of trademarked digital goods, such as apps and e-books, is now explicitly considered "use" of the trademark. (Asia IP)
Partial Refusal System: KIPO may refuse certain goods or services in an application while allowing registration for the remaining specification of goods or services. (Asia IP)
Re-examination System: Applicants can request re-examination within three months of a final refusal, allowing for amendments to cure the refusal grounds. (Asia IP)
๐ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trademark Act |
| Registration Authority | Korean Intellectual Property Office (KIPO) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Not required for filing; non-use may lead to cancellation after 3 years |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Paris Convention, Madrid Protocol |
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