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South Korea’s strong intellectual property regime makes it an attractive destination for foreign businesses. Securing trademark protection in South Korea is crucial for companies looking to protect their brands. This guide provides an overview of the procedure of trademark application in South Korea, highlighting key documents and timelines.
What Can Be Registered as a Trademark in South Korea?
In South Korea, a trademark is any sign capable of distinguishing the goods or services of one enterprise from those of another. Eligible trademarks include:
- Words or logos
- Letters or numerals
- 3D shapes or packaging
- Colors and sounds (non-traditional marks)
Key Documents Required for Trademark Application in South Korea
To file a trademark application in South Korea, the following documents are required:
- Trademark Application Form: Filed with the Korean Intellectual Property Office (KIPO).
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filing through a representative.
Step-by-Step Procedure for Filing a Trademark Application in South Korea
1. Preliminary Search
A trademark search is recommended before filing to ensure the mark does not conflict with existing registrations.
2. Filing the Application
Submit the trademark application to KIPO either online or by paper submission.
3. Formality and Substantive Examination
KIPO conducts a formality check and a substantive examination to ensure the trademark is distinctive and complies with South Korean laws. This process typically takes 8-12 months.
4. Publication and Opposition
If the trademark passes the examination, it is published in the Trademark Gazette for a two-month opposition period.
5. Issuance of Trademark Registration Certificate
If no oppositions are raised, or if oppositions are resolved, KIPO issues the Trademark Registration Certificate.
Duration and Renewal of Trademark Protection in South Korea
Once registered, a trademark in South Korea is valid for 10 years from the date of registration and can be renewed indefinitely for an additional 10-year period. Renewals must be filed within six months before the expiration date.
Why Choose ASL LAW for Your Trademark Registration in South Korea?
ASL LAW provides expert assistance with trademark registration in South Korea, ensuring that your application is filed accurately and promptly. We help navigate the complexities of the Korean trademark system to protect your intellectual property.
For businesses entering the South Korean market, understanding the procedure of trademark application in South Korea is essential for protecting your brand. Partnering with ASL LAW ensures smooth and efficient registration of your trademark.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
