01. Applicant

Any person who uses or intends to use a trademark in the Republic of Korea may file an application for the registration of a

trademark. Although the Korean Trademark Act adopts a registration system, not a use system, the applicant of a trademark

aplication should have a bona fide intent to use his trademark in the Republic of Korea. Nonetheless, trademarks which will not

actually be used are also registered. Such trademarks, however, will be subject to cancellation if they remain unused for three

or more consecutive years after their registration

02. Documents Required

a) The name, address and nationality of the applicant;

b) Trademark and designated goods/services;

c) The basic filing date and filing number for the priority application, and certified copy of priority documents. (if any);

d) An original Power of Attorney signed by the applicant;

03. Claim of Priority

The right of priority can be claimed in a trademark application for an applicant whose country of origin is a party to the Paris

Convention or under a bilateral agreement between two relevant governments or on a reciprocal basis. In order to enjoy the

priority right, an application should be filed in the Republic of Korea within 6 months from the filing date of the priority

application. The priority document should be submitted to KIPO within 3 months from the filing date of his/her application.

Once the application has satisfied such requirements, KIPO assigns an application number and examines as to whether or not

other formality requirements under the Trademark Act have been met. If anything is found missing or wrong, the

Commissioner of KIPO will issue a notice of amendment requesting the applicant to supplement the missing data or amend it,

and within specified a time limit. If the applicant does not comply with such request, the trademark application will be nullified.

01. Intiation of Examination

Unlike patent or utility model applications, trademark applications are automatically examined in order of their filing date. No

request for examination is needed for the initiation of substantial examination. Furthemore, the Trademark Act does not

provide for the expedited examination system which is available for patent, utility model and design applications. The

examination of a trademark application generally takes about 1 year from its filing date

02. Requirement for Registraion

For a trademark to be registered under the Trademark Act, it should meet the following requirements:

a) It should fall under the definition of a trademark prescribed in the Trademark Act:

b) It should be distinctive so as to serve as an indication of goods or services or, if it is not inherently distinctive, it should have

　acquired a secondary meaning;

c) It should not fall into any of the categories of unregistrable trademark prescribed in the Trademark Act.

In addition to the reason for rejection, an opposition against the application can be filed by the owner of a trademark

registered in the territory of a member country of a treaty to which the Republic of Korea has acceded, if both the trademark

and the designated goods of the application are identical with, or similar to, those of the foreign trademark registration and if

the application is filed by a person who is, or used to be, an agent of a representative of the owner of the registered trademark

within 1 year prior to the filing date of the application concerned without obtaining the authorization or consent from the

owner of the registered trademark.

If the examiner finds no ground for rejection of a trademark application, or he considers that the rejection has been overcome

by the applicant's response (argument and/or amendment), he shall render a decision to publish the trademark application.

Once a trademark application is published in the official gazette, called the "Trademark Publication Gazette," any person may

file an opposition within 30 days from the publication date. The thirty-day period cannot be extended. A notice of opposition

containing a brief statement on the grounds for opposition must be submitted within the thirty-day period. Then, the

opponent may amend, add or supplement the grounds for opposition within 30 days after the expiration of the thirty-day

period.

Rejection and registration procedures are same as those of patent.

The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be

renewed every 10 years. For the renewal of a trademark registration, an application for the renewal should be filed with KIPO.

Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration

date of the original registration.

01.

Regardless of whether or not they are registered under the Trademark Act, well-known or famous marks are protected in the

way of barring the registration of a mark which is identical with, or similar to, such marks. An application for the registration of

such mark filed by a person other than the owner of the famous mark will be rejected; and, if the registration is erroneously

granted, it will be subject to invalidation.

02.

Even if goods and/or service concerning a trademark application are not identical with or similar to those of a well-known

trademark, the application shall be refused due to the possibility of misleading the consumers about the origin of goods or

services. Furthermore, an interested party may request a trial or invalidation of registration of such a trademark if it has been

registered.

03.

It is prescribed in the revised Trademark Act which became effective as of March 1, 1998 that the registration of a trademark

shall be refused when the application is made for unfair purposes, such as the aim of free-riding on the reputation of the marks

which are well-known in the Republic of Korea.

04.

In addition to the Korean Trademark Law, the Unfair Competition Prevention Act also provides the protection of well-known

trademarks. Any person who is, or is likely to be, injured by acts of unfair competition such as acts causing confusion with

another person’s goods or business facilities by using an indication identical with or similar to another person’s name, trade

name or marks, including well-known trademarks, may bring a civill action before the court seeking an injunctive relief,

monetary damage and/or restoration of injured business reputation or goodwill. Furthermore, the Law also set forth criminal

provisions.