How does the examination process proceed after a Korean trademark application is filed?
Unlike patents or utility models, there is no examination request system for trademarks.
Therefore, trademark examination is generally carried out in the order of application.
However, applying this principle alone can lead to situations where public interests or the rights of applicants cannot be adequately protected. To address this, since April 1, 2009, a priority examination system has been established for trademarks that meet certain requirements. Under this system, such applications can be examined out of order, ahead of other applications, regardless of the order in which they were filed (Trademark Act Article 53, Enforcement Decree of the Trademark Act Article 12).
After a Korean trademark application is filed, the examination process proceeds through several stages. Here is an overview of the typical examination process for a Korean trademark application:
Formal Examination:
The Korean Intellectual Property Office (KIPO) conducts a formal examination to check if the application meets the basic requirements, such as proper filing documents, payment of fees, and compliance with formalities. If any deficiencies are identified, the applicant is usually given an opportunity to rectify them within a specified period.
Substantive Examination:
Once the formal requirements are satisfied, the application moves to the substantive examination stage. The examiner reviews the trademark application to assess its registrability based on substantive grounds, including distinctiveness, similarity to prior marks, and compliance with legal requirements.
Examination Report:
If the examiner finds any issues or objections during the substantive examination, an examination report is issued. The report outlines the grounds for refusal or any deficiencies that need to be addressed. The applicant is usually provided with a specified period, typically around 30 days, to respond to the examination report.
Response to Examination Report:
The applicant has the opportunity to submit a response addressing the objections or deficiencies raised in the examination report. This may involve providing arguments, evidence, or amendments to overcome the objections or clarify any concerns raised by the examiner. It is crucial to provide a well-reasoned response to increase the chances of successful registration.
Final Decision:
After reviewing the applicant's response, the examiner issues a final decision on the trademark application. The decision can be one of the following outcomes: approval for registration, conditional approval with requirements or amendments, or outright refusal. If the application is refused, the applicant may have the option to file an appeal within a specified period.
It's important to note that the duration of the examination process can vary based on factors such as the complexity of the application, the workload of the examiner, and any potential objections or oppositions raised by third parties. The timeline from filing to registration can range from several months to a few years.
Applicants may consider consulting with a qualified trademark attorney who can assist with navigating the examination process, preparing a strong response to the examination report, and maximizing the chances of successful trademark registration in Korea.
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.
