What are the requirements for registering a trademark in Korea?
The most important function of a Korean trademark is its ability to identify a particular product or service, and therefore, to be registered as a trademark, it must have distinctiveness.
In trademark law, distinctiveness means the ability to enable traders or consumers to recognize the origin of the goods or services to which the mark is applied. It is advisable to consider characteristics such as ease of pronunciation, memorability, durability, ability to distinguish from other marks, and usefulness in advertising or promotion.
In addition, a trademark can be composed of a symbol, character, shape, three-dimensional form, hologram, color, motion, or a combination of these elements. Therefore, it is possible to file for a trademark separately for a character and a logo, or to file them together as one trademark.
Under the provisions of Article 6, Paragraph 1 of the Korean Trademark Act, the following cannot be registered as trademarks:
- Marks consisting solely of a sign that designates the common name of the goods concerned.
- Marks that are customary in relation to the goods concerned.
- Marks consisting solely of a sign that designates the place of origin, quality, raw materials, efficacy, purpose, quantity, shape (including the shape of packaging), price, method of production, processing method, method of use, or time of production that is commonly used.
- Marks consisting solely of a distinctive geographic name, abbreviation, or map.
- Marks consisting solely of a common surname or name that is commonly used.
- Marks consisting solely of a simple and common sign.
For a character mark, the trademark can be composed of a single Korean or Chinese character or up to two other foreign characters. For a combination of a letter and a number, the trademark can consist of two numbers combined or one foreign letter and one number combined. For a sign or symbol, it can be a commonly used circle, triangle, square, diamond, or symbol, or a sign such as 卍 or three-taegeuk. For a three-dimensional mark, it can be a commonly used sphere, cube, rectangular parallelepiped, cylinder, triangular pyramid, or similar shapes.
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.
