What trademarks are not registrable in Korea?
Most of the reasons for rejection notified by the examiner at the KIPO regarding trademark applications are as follows:
If the name of the trademark is too commonly used for the goods or services in question, or if it is a name that indicates the material, quality, nature, efficacy, purpose, quantity, or the like of the goods or services, or if it is a name that is someone else's name, a common surname, or a well-known place name, etc., it is difficult to register the trademark due to lack of distinctiveness.
If the applied trademark is identical or similar to another person's prior application or prior registration trademark that was filed or registered before the filing date of the trademark in question, with respect to the relevant goods or services, it cannot be registered. However, even if the trademark is identical or similar to another person's prior application or registration trademark, registration may be possible if the designated goods or services are completely different (classified in different categories).
If the goods or services classification in the applied trademark is presented differently from the designated goods or services, the trademark cannot be registered. (For example, if the designated goods are "overcoats," the trademark classification should be filed under Class 25, but if it is filed under Class 21, it will be rejected.)
These are the main reasons for rejection in trademark applications in practice, but there may be many other reasons for rejection, so consultation is necessary for more specific cases.
In particular, the reason for rejection that the trademark is identical or similar to another person's prior application or registration trademark with respect to the designated goods or services is the most common reason. While it is understandable that trademarks (service marks) cannot be registered if they are identical, the assessment of similarity in trademark registration is also a significant factor in the rejection reasons mentioned above.
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.
