South Korea Trademark Registration
South Korea adopts the 'first-to-file' principle in its trademark law. It is a member of the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO), and is also a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Madrid Protocol.
Required Documents for Trademark Registration
- Trademark Registration Power of Attorney, signed or stamped by the applicant.
- Applicant's Name:
- Applicant's Address:
- Clear Trademark Specimen.
- List of Goods or Services for which registration is sought.
Trademark Registration Process
- Trademark Application: Submit trademark application documents to the Korean Intellectual Property Office (KIPO).
- Trademark Acceptance: KIPO issues an acceptance notice with an application number to the applicant (the acceptance notice can typically be received on the same day of filing).
- Trademark Examination: The examination includes both formal and substantive review.
- Trademark Publication: Once the trademark passes examination, it is published for a 3-month opposition period. Any party may file an opposition during this time.
- Trademark Registration: If no opposition is filed, or if an opposition is unsuccessful, the trademark is registered. Under normal circumstances, the registration certificate is issued within 12–15 months.
Validity Period and Renewal
A South Korean trademark is valid for 10 years from the registration date. Renewal must be filed within six months before expiration.