KOREAN TRADEMARK EXAMINATION
Formal Examination
According to Article 2(1) of the Enforcement Regulation of the Trademark Act, an application will be returned to the submitter without an application number and will be treated as if it had never been submitted in any of the following circumstances:
① where the kind of the application is not clear;
② where the name or address of a person (or juristic person) who takes the procedure (i.e. the applicant) is not described;
③ where the application is not written in Korean;
④ where a specimen of the trademark is not attached to the application paper;
⑤ where the designated goods/services are not described in the application paper; or
⑥ where the application is submitted, by a person who has no address or place of business in the Republic of Korea, without coming through a patent agent in the Republic of Korea.
Once the application has satisfied such requirements, KIPO assigns an application number and examines it against the formality requirements of the Trademark Act. If anything is found missing or wrong, the commissioner of KIPO will issue a notice of amendment with a specified time limit to the applicant. If the applicant does not comply with the requests for amendment, the trademark application will be nullified.
Substantive Examination
(i) Initiation of Examination
Unlike patent or utility model applications, trademark applications are automatically examined in order of their filing date. However, under Article 22-4(2) of the Trademark Act, the commissioner of KIPO may grant priority to trademark applications which satisfy certain requirements. The examination of a trademark application generally takes about 11 months from its filing date.
(ii) Requirement for Registration
For a trademark to be registered under the Trademark Act, it should meet the following requirements:
① It should fall under the definition of a trademark prescribed in the Trademark Act
② It should be distinctive so as to serve as an indication of goods or services or, if it is not inherently distinctive, it should have acquired a secondary meaning;
③ It should not fall into any of the categories of trademarks unable to be registered as prescribed in the Trademark Act.
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.
