A trademark (service mark) is the name of your product or service. A trademark that matches your product well has a significant impact on the success of that product. Therefore, companies invest a lot of effort into creating a suitable trademark for their product and promoting it to consumers.
In Korea, trademark registration requires pre-registration. Therefore, it is not essential to consider who has been using the trademark first in terms of ownership rights. As a result, applying for trademark (service mark) registration promptly after creating the trademark or service mark is a shortcut to finding competitiveness.
In South Korea, trademark rights are primarily determined based on registration rather than on a "first to use" principle. This means that the person or entity who first registers a trademark in Korea generally has the exclusive rights to use that trademark in connection with the specified goods or services.
To obtain trademark rights in Korea, it is necessary to go through the trademark registration process with the Korean Intellectual Property Office (KIPO). This involves submitting an application and meeting the requirements for registration, such as distinctiveness, non-descriptiveness, and non-conflict with prior trademarks.
It is important to note that even if someone has been using a trademark prior to another person's registration, the owner of the registered trademark generally has the legal rights and protection. This is because trademark registration provides a legal presumption of ownership and exclusive rights, giving the registered owner stronger legal protection against infringement.
By registering a trademark promptly after creating it or deciding to use it, a company or individual can establish ownership and gain a competitive advantage in the marketplace. Trademark registration provides several benefits, including the ability to prevent others from using a confusingly similar mark, assert legal rights against infringers, and build brand recognition and reputation.
However, it is still advisable to conduct a thorough trademark search before applying for registration to ensure that the chosen trademark is not already in use by others in a way that could cause confusion. This search helps identify potential conflicts and reduces the risk of rejection during the registration process.
In summary, while prior use of a trademark can provide some limited common law rights, registering a trademark with KIPO in Korea is crucial for obtaining stronger and enforceable rights. Prompt registration of a trademark after its creation or adoption is a recommended strategy to secure ownership and protect the brand from potential infringement.
Frequently Asked Questions about Korean Trademarks
- Does the person who first used the trademark have the rights in Korea?
- What trademarks are not registrable in Korea?
- What types of trademarks are more likely to be approved for registration in Korea?
- What types of trademarks exist in South Korea?
- What are the requirements for registering a trademark in Korea?
Frequently Asked Questions about Trademark Application in Korea
- What is the difference between applying for a Korean trademark as an individual or as a corporation?
- How can I change the ownership of a trademark to another person or company after applying for a trademark in Korea?
- What should I do if I want to file a Korean trademark application jointly with others?
Frequently Asked Questions during the Korean Trademark Registration Examination Stage
- How does the examination process proceed after a Korean trademark application is filed?
- What is priority examination for trademark applications in Korea?
- What should I do if I receive a Office Action of the Reason for Refusal for a Korean trademark application?
- What should I do if I receive a rejection decision?
- What is a "Notice of Allowance" (출원공고결정서) in Korean trademark application?
- Is it possible to make corrections after the publication of a trademark application?
Frequently Asked Questions about Trademark Registration in Korea
- When can I receive a Korean trademark registration certificate?
- I want to grant permission to a third party to use my registered trademark. What is the procedure and what is required?
- I want to transfer a registered trademark that I am currently using or not using to someone else. How is the price for transferring the trademark determined?
- What should I do if I think a third party is infringing on my registered trademark?
- What should you be aware of regarding registered Korean trademarks?
- What happens to a Korean trademark after its 10-year duration of validity expires?
DAEILPAT
Trademark
Many foreign companies entering the Korean market often overlook the importance of registering their brand or logo as a trademark. This oversight can lead to potential legal issues such as piracy or infringement, which could have been easily prevented by seeking expert advice and registering their trademark. Conversely, numerous industry leaders understand the significance of securing full protection for their brand and products or services through successful trademark registration, contributing to their overall success.
To enhance brand value and streamline the process, foreign clients ranging from individuals to well-established market leaders are seeking guidance from DAEILPAT's Trademark attorney. What sets our service apart is our strategic counseling and proactive approach at every step, ensuring a comprehensive trademark registration. This enables our clients to benefit from a cost-effective and tailored service that significantly reduces the lengthy and expensive registration process, without unnecessary delays or additional expenses.
Learn more about Trademarks Registration and Protection in Korea
Our Expertise
DAEILPAT’s great strength in Trademark is brought by the experts with unrivalled professionalism in our team. Our trademark attorney consists of excellent talents who are a pioneer in developing unprecedented trademark ideas, a true veteran with extensive knowledge and experience as a examiner at KIPO and IP specialists with more than 10 years of experience. We are fully competent in handling any cases in both Korean and English, and our network of foreign agents allows us to offer a fuller service for both domestic and international clients.
We offer a full suite of Trademark services including strategic counseling, analysis of trademark trends, prosecution, handling of oppositions and cancellation actions, domestic and international disputes, negotiations and coexistence agreements and many more. Our thorough and in-depth analysis and reports guide our clients to effectively select and leave out specific elements of their mark to increase the chance of registration. Moreover, we showcase total transparency by offering timely updates through a transparent reporting process and keep our clients up-to-date with deadlines and proceedings without any error and omission.
