Trademarks in South KoreaCompetent Authority
Trademark registration in South Korea is administered by the Korean Intellectual Property Office (KIPO), headquartered in Daejeon. The official working language is Korean, and the system is national.
International Agreements
South Korea is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. South Korea is also a contracting party to the Madrid Protocol, allowing international trademark registrations to designate South Korea.
Who May Apply
Natural persons and legal entities engaging in commercial or industrial activities may apply. Foreign applicants who do not have a domicile or a real commercial establishment in South Korea are legally required to act through a local representative or legal representative. A signed Power of Attorney (POA) is required, though formal notarization or consular legalization is generally waived.
Online Filing and Search
Electronic filings, document management, and database searches are fully integrated through KIPO's official digital platform (KIPOnet). Preliminary availability searches of the national trademark database can be conducted via KIPO's public search tools to evaluate prior conflicting rights.
Registrable Sign Types
Trademarks may comprise words, letters, numerals, figurative devices, 3D shapes, packaging elements, color combinations, motion marks, holograms, and sound marks capable of distinguishing goods or services. Non-Korean elements require accurate Hangul transliterations and translations.
Classification
South Korea follows the international Nice Classification system for the registration of goods and services. Multi-class applications are fully supported, allowing a single application to cover multiple classes subject to class-specific fee calculations.
Examination
KIPO conducts a formal administrative examination for completeness, followed by a substantive examination covering absolute grounds for refusal (such as distinctiveness) and relative grounds (conflicts with prior registered or pending marks on the national database). Applicants are given a statutory window (typically 2 months) to respond in writing to any issued Office Action or provisional refusal.
Publication and Opposition
Applications that successfully pass substantive examination are published in the Korean Trademark Gazette. Any interested third party may file a formal notice of opposition.
Timelines
An unopposed standard trademark application typically takes an average of 10 to 12 months from initial electronic filing to final registration certificate issuance. An expedited examination track is available upon request if specific urgency criteria are met, reducing the examination timeline to 2–3 months.
Official Fees
Official state fees are denominated in South Korean Won (KRW / ₩):
- Application filing fee (Electronic): ₩52,000 per class (covers up to 10 items of goods/services; an extra fee applies for each additional item).
- Registration fee (10-year lump sum): Approximately ₩201,000 to ₩211,000 per class. (An installment payment option split across two 5-year blocks is also available).
- Renewal fee: Approximately ₩300,000 per class if filed within the standard expiration window.
Protection Duration and Renewal
Trademark protection is valid for 10 years starting from the official date of registration (rather than the application filing date). Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request and paying the requisite fees within the final year before expiration, backed by a late renewal grace period.
Use Requirements
South Korea operates strictly on a first-to-file priority framework. A registered trademark is vulnerable to non-use cancellation actions if it has not been put to genuine commercial use in South Korea for a continuous period of 3 consecutive years.
Post-Registration Procedures
Post-registration changes—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with KIPO to ensure full legal validity and enforceability against third parties.
Legal Remedies
Legal remedies include administrative cancellation and invalidation trials before the Korean Intellectual Property Trial and Appeal Board (IPTAB), civil infringement litigation before competent courts seeking permanent injunctions and damages, and border enforcement measures implemented by customs authorities to intercept counterfeit imports.
Country-Specific Risks and Practical Notes
Because South Korea enforces a strict first-to-file rule and requires all documents to be submitted in Korean via local representatives using KIPOnet, foreign applicants must carefully coordinate translation requirements and secure early filings to prevent bad-faith preemptive registrations by third parties.
This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.
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