KOREAN TRADEMARK RIGHT
Term of a Korean trademark right
The term of a Korean trademark right commences at the time of registration and ends after ten (10) years. However, the term may be extended every ten (10) years through an application for renewal. As long as the trademark rights are in use, they are considered semi-permanent.
To renew the term of registered trademark rights, an applicant shall file an application for renewal within one year before the expiration date. If the term has expired, the applicant may file an application to renew the term within six (6) months of the expiration date. In this case, the applicant shall pay a required negligence fine.
Extinguishment of a trademark right
Trademark rights will be extinguished as a result of the following reasons: the term of the trademark right expires as a result of the owner's failure to renew the term; the owner abandons the trademark rights at his/her will; or the owner fails to apply for registration of the reclassification of goods within the given period for goods registered under the previous classification of Korean goods. In the case of the passing of the original owner of the trademark rights, if an application to transfer the registered trademark rights is not filed by a successor in title within three (3) years of the death of the original owner of the trademark, the trademark rights are extinguished on the day after the expiry of the three-year period following the death of the original trademark owner.
Application to register the reclassification of goods
A Korean trademark rights owner who has obtained trademark registration, a supplementary registration of designated goods or a registration for renewal of the term of a registered trademark for designated goods in accordance with the Korean Classification of Goods before March 1, 1998, shall reclassify the designated goods under the Classification of Goods (NICE Classification) as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
An application to register the renewal of the term of a registered trademark and an application to register the reclassification of goods may be filed through one application. If an applicant fails to register the reclassification of goods within the given period, the trademark rights for the designated goods to be reclassified shall extinguish on the expiration date of the given period.
An application to register the reclassification of goods must be filed within one (1) year before the date on which the term of the trademark right expires and no later than six months after the expiration date of the term.
Transfer of a trademark right
The transfer of a trademark right replaces only the trademark right owner, keeping the content of the trademark right intact. Since trademark rights are intangible property rights, they need to be freely transferrable like common property rights. However, the transfer of trademark rights may be restricted if necessary to protect the owner's profit as outlined in the Trademark Act.
Generally, a trademark right may be freely sold or donated without reference to business, and divided by each of its designated goods.
Trademark license system
1) Exclusive License
- Generally, a trademark right may be freely sold or donated without reference to business, and divided by each of its designated goods.
- Accordingly, the licensee is entitled to seek prevention or injunction against other persons using a trademark identical or similar to the licensed trademark. The licensee may also transfer the exclusive license, or grant nonexclusive rights to others with the consent of the trademark rights owner.
- An exclusive license has no effect on third parties unless it is registered and transferred (registration is a preferential right against third parties). An exclusive licensee shall specify his/her name or title to goods which use a registered trademark.
2) Nonexclusive License
- A trademark rights owner or an exclusive licensee may grant a nonexclusive license for the use of his/her trademark rights to others. The nonexclusive licensee is entitled to use the registered trademark regarding the designated goods as outlined in the license agreement. The nonexclusive licensee may transfer his/her rights to others with the consent of the trademark rights owner or the exclusive licensee.
- In addition, since a nonexclusive licensee is only entitled to use a registered trademark for the designated goods, he/she has no injunction rights against infringement. Only a trademark rights owner or an exclusive licensee is entitled to seek injunction against infringement.
- A nonexclusive license has no effect on third parties unless it is registered and transferred (registration is a preferential right against third parties). A nonexclusive licensee shall specify his/her name or title to goods which use a registered trademark.
Read more about Korean Trademark here :
Korean Trademark System
- Neighboring Concepts of a Korean Trademark
- Information on Trademark Applications in Korea
Application Procedure for Trademark in Korea
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.
