KOREAN TRADEMARK : REGISTRATION AND RENEWAL
Trademark registration and renewal in South Korea are governed by specific processes and regulations. The decision to grant protection signifies that a trademark application has met the necessary requirements after examination by a trademark examiner. Once the decision to register a trademark is issued, the applicant can proceed with the establishment registration by paying the registration fee. In case of trademark infringement, legal remedies are available through civil and criminal courts, including injunctions, claims for damages, credit recovery, and potential criminal liability for the infringer. The initial protection period for a registered trademark is 10 years, starting from the registration date, with the option to renew the registration every 10 years. To renew a trademark, an application must be filed with the Korean Intellectual Property Office (KIPO) before the expiration date of the original registration.
Decision of Grant of Protection:
This refers to the administrative measure taken after the examination of a trademark application by an examiner. If the examiner determines that the trademark application meets the necessary requirements for registration, a decision is made to grant protection to the trademark. This decision indicates that the applicant can proceed with the establishment registration of the trademark right.
Registration:
Once the decision to register a trademark is granted, the applicant can proceed with the establishment registration of the trademark right. To complete the registration process, the applicant is required to pay the registration fee within a specified period.
Civil/Criminal Court:
In cases where a trademark right or exclusive license is infringed upon, legal remedies can be pursued through civil or criminal courts. Civil remedies typically involve seeking injunctions (court orders to stop the infringement), claiming damages (compensation for losses caused by the infringement), and seeking credit recovery. Criminal remedies can involve legal actions against the infringer, potentially leading to their punishment based on criminal liability. It's important to note that actions against trademark infringement are generally handled in civil or criminal courts and not under the jurisdiction of the patent court.
Renewal:
The initial duration of protection for a trademark right is 10 years, starting from the date of registration. However, this protection can be extended through the process of renewal. To renew a trademark registration, the trademark owner must file an application for renewal with the Korean Intellectual Property Office (KIPO). This renewal application should be filed within a specified timeframe. Once the renewal application is filed and accepted, the trademark registration is considered renewed, and the new period of protection begins from the expiration date of the original registration. Trademark renewals can be done every 10 years to maintain the protection of the trademark right.
Understanding the trademark registration and renewal process in South Korea is essential for safeguarding intellectual property rights. By obtaining the decision to grant protection and completing the registration process, trademark owners can establish their exclusive rights over the mark. In cases of infringement, legal recourse can be sought through civil or criminal courts, ensuring the protection of trademark rights and potential compensation for damages. Regular renewal of trademark registrations is necessary to maintain long-term protection, and trademark owners must file renewal applications with KIPO to extend the validity of their registrations. With these measures in place, trademark owners can confidently navigate the Korean trademark system and protect their valuable brands and marks.
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.
