KOREAN TRADEMARK : PUBLICATION AND OPPOSITION
Publication
If an examiner does not find any grounds for rejection of a trademark application, or he/she decides the rejection has been overcome by the applicant's response (argument and/or amendment), he/she shall render a decision to publish the trademark application.
Opposition
Once a trademark application is published in the official gazette, the "Trademark Publication Gazette," any person may file an opposition within two months (non-extendable). A notice of opposition containing a brief statement on the grounds for opposition must be submitted within the first thirty days. Then, the opponent may amend, add or supplement the grounds for opposition within the next thirty days.
After a trademark application in South Korea undergoes examination, the examiner may render a decision to publish the application if no grounds for rejection are found or if the rejection has been overcome through the applicant's response, which may include arguments or amendments. The publication of the trademark application is an important step in the registration process.
Once the trademark application is published in the official gazette called the "Trademark Publication Gazette," it becomes open to the public. At this stage, any person who believes they may be adversely affected by the registration of the trademark has the right to file an opposition. The opposition period lasts for two months and cannot be extended.
During the first thirty days of the opposition period, the opponent must submit a notice of opposition containing a brief statement outlining the grounds for opposition. This initial statement provides a summary of the reasons why the opponent believes the trademark registration should be refused.
Following the submission of the notice of opposition, the opponent has an additional thirty days to amend, add, or supplement the grounds for opposition. This allows the opponent to provide further details or strengthen their case against the trademark registration.
It is essential for the opponent to adhere to the strict deadlines during the opposition process. Failure to file the notice of opposition within the specified time or to amend the grounds within the subsequent thirty days may result in the opposition being rejected or considered incomplete.
The opposition system provides an opportunity for third parties to raise objections and present their arguments against the registration of a trademark. It allows for a thorough examination of the trademark's eligibility and potential conflicts with existing trademarks or other legal considerations.
Both the applicant and the opponent should carefully navigate the opposition process, ensuring they comply with the prescribed timelines and present their arguments effectively. Seeking guidance from legal professionals or trademark experts can be beneficial in understanding the requirements and maximizing the chances of success during the opposition proceedings.
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.
