Procedures for trademark registration in South Korea proceed as follows from application to registration (generally similar to trademark procedures at the Japanese Patent Office). The main steps are:
Submitting a trademark application – Submit your application to the Korean Patent Office (KIPO) (typically electronic filing). If a foreign company applies directly, a local agent such as a Korean patent attorney will be required to complete the procedure (details will be explained later). In principle, the application language will be Korean. When filing an application, the applicant's name, address, etc. should be stated, and a sample of the trademark and designated goods/services should be clearly indicated. South Korea has adopted a multi-classification system that allows multiple classifications to be specified in one application, and designated goods and services are based on the Nice Classification. You may include products that are not in use at the time of application, but if the specified range is too broad, you may be asked to confirm whether there is an intention to use the product (use itself is not a requirement for registration).
Formal Examination (Formal Examination) – We will check for formatting defects in the submitted documents and confirm the payment of fees. The application form will be checked to ensure that there are no omissions and that the designated product is properly labeled, and if there are any deficiencies, an order for correction will be issued. For example, if a designated product does not meet the standards, you may be asked to make corrections (such as changing the product name). If you pass the formal examination, you will proceed to the next substantive examination.
Substantive examination – The examiner determines whether the trademark meets the registration requirements. Absolute requirements (presence of distinctiveness, violation of public order and morals, etc.) and relative requirements (presence of conflict with the earlier trademark) will be examined. Specifically, as described below, the trademark is checked to see if it is a descriptive indication or common name that lacks distinctiveness, whether it violates public order and morals, and whether it is the same or similar to another person's previous trademark. Korea, like Japan, adopts the first-to-file system (the principle that the person who files the application first becomes the right holder), and conflicts with trademark rights of others that exist before the application is filed are also examined.
Examination period: The standard examination period is approximately one year. Recent statistics show that it takes an average of 13 to 14 months to receive the results of the first screening. Furthermore, an accelerated examination system has been introduced since 2009, and if certain requirements are met (the applied trademark is already in use, is the basis for claiming priority in another country, has received a warning from the holder of the prior trademark right, etc.), it is possible to expedite the examination by submitting an advance search report, etc. If accelerated examination is approved, the period until the examination begins will be shortened from the usual approximately 7 months to approximately 2 months.
Application announcement (public announcement) – If it is determined that the application is eligible for registration as a result of the substantive examination, an application announcement will be made. This corresponds to what is called a "publication in the gazette/opportunity for opposition" in Japan. Publication is carried out in the form of publication of the trademark, designated products, etc. in the official gazette, and any person can file an opposition within two months from the date of publication. The opposition system allows third parties to object to a published mark before it is registered if they believe it violates registration requirements. If an opposition is filed, the Japan Patent Office will examine the grounds and reject the application if it deems it appropriate.
Reduction of opposition period: The opposition period is also scheduled to be revised in 2023. From July 2025, the period for filing an opposition is expected to be shortened to 30 days after publication. In Japan, the opposition period is two months after the issuance of the registration gazette (post-registration opposition), but it should be noted that in South Korea, the period will be even faster in the future.
Registration decision and registration fee payment – If there is no opposition (or is rejected) and the publication period has passed, the examiner will make aregistration decision (decision to approve registration). After a decision is made, the applicant must pay the prescribed registration fee to acquire trademark rights (similar to Japan, registration is completed upon payment of the registration fee). In Korea, the registration fee is basically paid in advance, and the rights will not be established unless it is paid within the payment deadline. Once the registration fee has been paid without any errors, the registration will be recorded in the trademark register and aregistration certificate will be issued. At this point, trademark rights are established and are valid for 10 years.
Registration Publication – After registration is established, information on the trademark registration will be published in the official gazette and publicized (registration publication). At this stage, the trademark registration details are made publicly available.
Decision of Refusal/Appeal – On the other hand, if there are reasons for refusal as a result of the substantive examination, the examiner will issue a Notice of Reasons for Refusal, and the applicant can respond by submitting a written opinion or amendment within a certain period of time. If the reasons for refusal are still not resolved, a decision of refusal will be made. If the applicant is dissatisfied with the decision of refusal, the applicant may request an appeal against the decision of refusal to the Intellectual Property Trial and Appeal Board (the trial division of the Korean Patent Office) within three months from the date of service of the notice. If the trial decision is overturned in the trial, the application will proceed to registration, and if it is dismissed, it is possible to file asuit for revocation of the trial decisionto the Intellectual Property High Court (Patent Court). This series of appeal procedures is almost the same as the Japanese trial system and litigation at the Intellectual Property High Court.
Partial refusal system and request for reexamination: New systems introduced in the 2023 law revision include partial refusal system and reexamination request system. The partial refusal system is a system in which if there are grounds for refusal for only part of the designated goods of an applied trademark, only that part will be rejected, and the other designated goods can be registered without the applicant making any particular amendments. As a result, it is now possible for products without reasons for refusal to be registered at a later date without having to amend the deletion of products for which there are reasons for refusal. In addition, the reexamination request system refers to the procedure of requesting a reexamination from an examiner without going to trial if the reasons for refusal can be easily resolved by making new amendments etc. after a decision of refusal. These systems will come into effect in February 2023 and are aimed at reducing the burden on applicants and speeding up examinations.
The above are the general steps to obtain trademark registration in Korea. The term of trademark right is 10 years from the date of registration, and it can be renewed every 10 years by completing the renewal procedure before expiration (renewal procedures are described below).
The Korean Trademark Act comprehensively defines a "trademark" as a mark used to distinguish one's own products from those of others. The term "mark" here refers to any visual or non-visual indication** used to indicate the origin of a product, regardless of its composition or expression method. For example, symbols, letters, figures, three-dimensional shapes, colors (single colors and their combinations), holograms Not only visually recognizable signs such as trong>・**motion, but also non-visual elements such as sound and smell** can be protected as trademarks if they are expressed in a form that can be recognized by the five senses (for example, visualized with musical notes, chemical formulas, etc.). In short, a characteristic of Korean law is that a wide range of marks, whether traditional or non-traditional, are recognized as trademarks as long as they are "indications indicating the source of goods or services."
Service mark: Trademarks can be registered for services in South Korea, and as in Japan, both product trademarks and service trademarks are protected under trademark law. You can also specify services that fall under service categories 35 and above of the Nice Classification.
Type of trademark (non-traditional trademark): As defined above, Korea has been working on protecting non-traditional trademarks from an early stage. Three-dimensional trademarks were added to the scope of protection in 1998, while color-only trademarks, hologram trademarks, motion trademarks, and position trademarks were added to the scope of protection in 2007. Furthermore, applications for sound trademarks and **olfactory trademarks (smell) began to be accepted by around 2012, and almost all types of trademarks can now be registered. However, as a general rule, non-visual trademarks (sound, smell, etc.) are treated as having no distinctiveness as they are, and in order to be registered, it is necessary to prove that the trademark has acquired distinctiveness through use (Secondary Meaning)**. For example, in South Korea, sound trademarks are allowed to be registered only if the track record of their use allows consumers to recall the products or services of a specific person (in the early examination practice, 23 sound trademarks were announced).
Types of marks to be protected: Under Korean Trademark Law, in addition to regular trademarks (goods/service marks), collective trademarks, business marks, certification marks, and geographical indications are also protected. A Collective trademark is a mark used by an association or corporation on goods and services related to the business of its members, and is equivalent to a collective trademark in Japan. A Business mark is a mark used by non-profit organizations (e.g. Red Cross Society, YMCA, etc.) to display their own business, and is a system unique to Korea. Certification marks (so-called certification marks) are marks used to certify the quality and origin of products and services, and were introduced in the 2016 revision. On the other hand, there are no explicit regulations in Korea regarding regional collective trademarks (brand protection system for place names + product names) and defensive marks (system to prevent dilution of well-known trademarks), which are characteristic of Japan. Instead, in South Korea, place name brands are protected through geographical indications and certification marks, and well-known trademarks are protected under the Unfair Competition Prevention Act.
In order to obtain trademark registration in Korea, it is basically necessary to have the ability to distinguish one's own goods and services from others. A mark that lacks distinctiveness (conspicuousness) falls under an absolute ground for refusal and cannot be registered. For example, the following marks are stipulated in Article 33 of the Korean Trademark Act that they areunregisterable.
Common name/common mark: The general name itself of a product or service, or an indication that is customarily used (for example, when applying for "Apple" as a trademark for an apple).
Descriptive mark: A mark that only directly indicates the quality, efficacy, use, place of origin, etc. of a product or service (e.g., words expressing product characteristics such as "sweet" or "produced in Tokyo").
Extremely simple/common marks: Common signs that anyone would use, such as a very simple figure or a single letter of the alphabet.
Things that are not recognized by consumers: Marks consisting only of the shape of the product itself or other forms that do not serve an identifying function.
The above are almost the same as the grounds for non-registration stipulated in Article 3 of the Japanese Trademark Law. For example, in South Korea, trademarks consisting solely of indications of the nature of goods or services, such as the use of ``chocolate'' for sweets or ``express'' for transportation services, are rejected as lacking distinctiveness. On the other hand, even these trademarks that lack distinctiveness may be allowed to be registered if it can be proven that the trademark has acquired distinctiveness through use (achieved well-known/famous reputation). The Korean Trademark Examination Standards stipulate that if a consumer recognizes a mark as coming from a specific source due to exclusive use over a certain period of time, secondary distinctiveness will be recognized and registration will be permitted. In addition, with the 2024 revision, the relief for distinctiveness by use, which was previously limited to the types listed in the law (indications of nature, common names, etc.), now clearly includes "all other trademarks without distinctiveness," and it has been clarified that all non-distinctive trademarks can be registered with proof of use. Although this has long been possible in practice, it has now been made clearer in law.
Relative reasons for rejection are also as strict as in Japan. If a trademark is identical or similar to someone else's earlier trademark (application/registration), and the designated goods and services also fall within the same range of similarity, the subsequent trademark cannot be registered. Korea has a first-to-file system, so an examiner examines any conflicting relationships (similarity of trademarks, similarity of products) with the trademark owner who filed the application earlier, and if there is a conflict, it becomes a reason for refusal. This is a provision equivalent to Article 4, Paragraph 1, Item 11 of the Japanese Trademark Law.
Determination of similarity with prior trademarks: It is said that the basic criteria for determining similarity (comparison of appearance, name, concept, similarity determination based on similar group codes of goods and services, etc.) are said to be similar to Japan. However, one thing you need to be careful about in operation is separate observation of trademarks. It has been pointed out that in Korean examinations, for example, in the case of compound trademarks consisting of words with weak distinctiveness and strong figures, there is a tendency to extract the main parts and make judgments more than in Japan. Therefore, even if a configuration is determined to be OK in Japan, some configurations may be considered similar and rejected in South Korea, so it is a good idea to thoroughly consult with a local agent and consider the risks of similarity before filing.
Consideration for previously used unregistered well-known trademarks: Korea basically follows the registration system (protecting those who obtained registration first), but as an exception, unauthorized applications for well-known/famous trademarks are considered to be applications for fraudulent purposes and are rejected. Article 34 of the Korean Trademark Act provides that ``trademarks that are likely to unduly harm the business reputation of others'' are grounds for non-registration, as a type of trademark that violates public order and morals, and this provision excludes misappropriated applications for unregistered trademarks that have gained a certain level of public recognition both domestically and internationally. Therefore, similar to Japan, there is a high possibility that a counterfeit application that impersonates a legitimate right holder will be rejected at the examination stage (in fact, provisions for consideration of unregistered well-known indications are more clearly defined than in Japan).
How to resolve reasons for refusal: In Korea, strategies are used to partially resolve reasons for refusal due to conflict with prior trademarks, such as divisional applications or amendments for deletion of designated goods. With the introduction of the above-mentioned partial refusal system, it is now possible to register only products without reasons for refusal, so there is also the option of daringly deleting the reasons for refusal for early registration. On the other hand, in recent years in South Korea, it has become possible to resolve a refusal using a consent form (consent from the trademark owner), which is not allowed in Japan. The revised law that will come into effect in May 2024 will create a new provision that will exceptionally allow the registration of a later trademark if written consent (trademark coexistence permission) is obtained from the trademark owner who applied for and registered the trademark earlier. However, cases involving completely identical trademarks or designated products are exempt, and from the perspective of preventing confusion among consumers, a new ground for cancellation after registration has been established for trademarks registered based on coexistence agreements due to unauthorized use. Specifically, if one coexisting trademark owner uses a mark that is identical or similar to the other party's trademark for the purpose of unfair competition and causes confusion among consumers, the provision allows the trademark registration to be canceled (exclusion period: 3 years from the date of extinguishment). In this way, in practice in South Korea, the system is designed to deter illegal exercise of rights while allowing a certain degree of flexible resolution through agreement between rights holders.
The above are the main reasons for refusal and registration requirements. In addition, other trademarks that violate public order and morals (for example, marks that are confused with the national flag or medals, discriminatory or obscene displays, etc.), or trademarks that include portraits or famous names of others, are also grounds for non-registration, just as in Japan. Overall, the criteria for determining registrability are almost the same as the Japanese system, and will be easy to understand in practice if you have experience applying in Japan.
South Korea also stipulates use obligations after trademark registration, and if a trademark is not used for a certain period of time without justifiable reason, a third party may request cancellation of the registration. Specifically, if the trademark has not been continuously used in Korea for three years or more after three years have passed since registration, any person can request a trial for cancellation of non-use. The outline of this non-use cancellation system is the same as in Japan (in Japan, a request for cancellation trial is also possible after 3 years of non-use after registration). The following points are specific to Korea.
Requirements for period of non-use and request for cancellation: "Unused for 3 years or more" means that the product has not been legitimately used even once in the last 3 years up to the date of request for cancellation. Even if the license has been used in the past, if it has not been used for three years or more, it may be subject to cancellation. A request for a trial for cancellation can be made by anyone, regardless of whether or not they have an interest (in the 2016 revision, the qualifications for filing a request were expanded from "interested person" to "any person"), and the burden of proof rests on the trademark owner. In trial proceedings, the right holder must prove that there is usage (or a valid reason for non-use) for each designated product. If this cannot be proven, the trademark rights for the designated product will be cancelled.
Effects of cancellation and restrictions on re-application: Once the non-use cancellation trial decision becomes final, the trademark right will be extinguished retroactively to the filing date. Furthermore, under Korean law, there is a provision prohibiting re-applications for trademarks that are the same or similar to a canceled trademark, such that the right holder (original trademark right holder) cannot receive re-registrationfor three years from the date of cancellation (Article 7, Paragraph 5, Item 3 of the Trademark Law). In other words, right holders are prevented from immediately re-applying and restoring rights to trademarks that have been canceled due to non-use. This point is a unique Korean regulation that does not exist in Japan. On the other hand, restrictions on re-applications by third parties were relaxed in the 2014 revision, and the previously existing provision that ``no other person could register for one year after the rights expire'' was removed. Therefore, even if trademark rights are extinguished due to cancellation or waiver, Japanese companies can promptly re-apply for the same trademark in their own name without waiting a year.
Scope of use: Use within the range that is considered to be the same as the registered trademark based on social conventions (for example, minor changes in font, slight changes in logo placement, etc.) is considered use. Also, similar to Japan, even if the product is used for a product similar to the designated product, if there is no track record of its use on the designated product itself, the product cannot be canceled. In recent years, the number of requests for non-use revocation trials has been increasing in South Korea, and there is a risk in letting trademark rights go unshelf. In order to maintain rights, it is necessary to pay attention to the continued use of your company's trademark and trademark management (including use through licensing).
The term of validity of Korean trademark rights is 10 years from the establishment registration date (registration fee payment date). Once the 10-year validity period expires, you can renew your registration as many times as you like by completing the necessary procedures. Similar to Japan, trademarks can be protected semi-permanently.
Time to apply for renewal: The period during which you can apply for renewal registration is from one year before the expiration date untilthe expiration date. For example, if the registration date is July 1, 2030, the renewal application period will be from July 1, 2039 to June 30, 2040. Even if you fail to complete the renewal procedure within this period, you can still apply within the grace period as long as it is 6 months after expiry (however, an additional fee will be charged in that case). This grace period and additional fee system are the same as in Japan.
Requirements for renewal procedures: When applying for renewal, there is norequirement to submit proof of use in Korea. In other words, there is no question of whether or not the trademark is actually used at the time of renewal, and renewal can be done simply by submitting the prescribed documents and paying the fee (in Japan, renewal is also possible regardless of whether the trademark has been used or not). Therefore, even if a trademark has not been used for 10 years, it can be renewed as long as a cancellation trial has not been requested. However, as mentioned above, care must be taken as long-term unused trademarks may be subject to cancellation attacks from third parties.
Procedural notes: When applying for renewal, if the name and address of the applicant (right holder) do not match those recorded in the registry, you will need to take steps to change the name. For example, if the address of the right holder has changed, you will need to submit a notification of "Change of Registered Name" and then submit an application for renewal. This point is also similar to the trademark renewal procedure in Japan. Renewal fees in South Korea are set according to the number of classifications, and are at the same level as in Japan.
Registration fee refund regulations: In the 2024 revision, the system has been improved to allow registration fee refund if you waive your rights after applying for renewal. Specifically, a provision has been added in which if the trademark right is abandoned or extinguished before the renewal registration becomes effective (before the expiration of the old term), the renewal registration fee that has already been paid will be refunded. Previously, once the renewal fee was paid, it was not refunded, so the problem of not being able to recover costs in the case of, for example, changing the brand and waiving the rights immediately after paying the renewal fee, has been resolved.
If a trademark right is infringed in Korea, the right holder can take civil and criminal remedies just like in Japan. Below, we will explain the main remedies from a practical perspective.
Request for injunction (civil injunction): Trademark rights holders and exclusive license holders can seek an injunction (cessation of use) against the infringer. This is filed as a civil lawsuit in a district court and aims to prohibit or prevent infringing activities. If necessary, it is also possible to request a prompt injunction through a provisional disposition. If the court finds trademark infringement, it will issue a judgment ordering the defendant to prohibit illegal use and destroy products bearing the trademark. If you do not comply after the judgment is finalized, you will be subject to compulsory execution.
Claim for damages: If damage is caused by trademark infringement, the right holder can claim damages from the infringer. The method of proof and calculation standards for the amount of damages are generally the same as in Japan, and there are provisions for estimation based on the Korean Patent Act (estimation of profits earned by the infringer, amount equivalent to license fees, etc.). In recent reforms, Korea has introduced apunitive damages system. From July 2025, courts will be able to order compensation of up to5 times the amount of awarded damages for willful trademark infringement. This follows the provisions already introduced in the Patent and Unfair Competition Prevention Act, and is a strict system in which only China and South Korea allow punitive damages of up to five times the amount among major countries. While this can be expected to have a strong deterrent effect against malicious counterfeiters, some believe that in normal infringement cases, the compensation will only be about twice as much.
Credit restoration measures: In civil litigation, in addition to injunctions and compensation, it is also possible to request credit restoration measures (apology advertisements, etc.) as necessary. For example, if the right holder's brand image is damaged due to the distribution of counterfeit branded products, the court is authorized to issue an order to restore trust by publishing an apology advertisement in a newspaper, etc.
Customs Injunction (Administrative Remedy): Filing for an import/export injunction at customs is also an effective means of stopping the import/export of counterfeit goods at the border. By registering trademark rights in advance with the Korean Customs Service and applying for an injunction against suspicious imported cargo, you can prevent counterfeit brand products from being distributed domestically. Japanese companies are also increasingly registering their trademarks with Korean customs and obtaining cooperation in border enforcement through local agents. Administrative authorities are conducting market surveillance and corrective guidance (for example, corrective recommendations to counterfeit product manufacturers), and if necessary, the Korean Patent Office's Counterfeiting Enforcement Hotline can be utilized.
Criminal Penalty: Trademark infringement is alsoa criminal offense in Korea. A person who intentionally infringes the registered trademark rights of another person can be sentenced to up to 7 years in prison or a fine of up to 100 million won (Article 93 of the Korean Trademark Act). The investigative authorities will investigate and prosecute based on the rights holder's complaint (private complaint). There are many cases in which malicious counterfeit brand product sellers are exposed and convicted. The level of penalties is similar to that in Japan, but in recent years, the punitive compensation system mentioned above has been introduced, and efforts are being made to deter infringement from both civil and criminal perspectives.
As mentioned above, multi-layered remedies such as civil injunctions and compensation, customs measures, and criminal penalties are available for trademark infringement in South Korea. In the unlikely event that a Japanese company encounters infringement after acquiring trademark rights in South Korea, it is important in practical terms to first consult with a local agent or legal expert, and then use a combination of the above methods to properly enforce the rights.
South Korea is a member of theMadrid Protocol (joined in 2003) and can use the international trademark application system. For Japanese companies, in addition to the direct application to Koreaas explained above, there are two ways for Japanese companies to obtain trademark rights in Korea: Korean designation through a MadPro application.
Korean designation via MadPro: This is a route to obtain protection in South Korea by filing an international application based on a Japanese trademark application or registration and including South Korea as a designated country. International applications are filed in English, etc. via the Japan Patent Office, and after international registration, they are sent to the Korean Patent Office via WIPO. In principle, the Korean Patent Office will issue a notification of refusal within 12 months after receiving a notification of international registration (with a final decision within 18 months at the latest). The examination standards and procedural flow are the same as for domestic applications; formality and substantive examination are conducted, and if there are no reasons for refusal, the application will be published and then registered. In the case of an international application, if you receive a notice of reasons for refusal in Korea, you will respond by directly submitting a written opinion and amendment through a local agent (the language is Korean). If protection is finally granted, it will be combined with the international registration and become effective, and subsequent management (renewal procedures, etc.) will be conducted via WIPO.
Language/Translation: If designated by MadPro, the application can be submitted in English, etc., so Korean translation is not required at the application stage. However, amendments and written opinions submitted at the examination stage must be prepared in Korean. In addition, the terminology for the designated product must be appropriate and understandable to Korean examiners. When describing designated goods when filing an international application, it is recommended to use the standard expressions of the Nice International Classification as much as possible, or check the recommended labeling at WIPO's Goods & Services Manager.
Comparison with direct application: Via Madpro has the advantage of being able to manage multiple countries at once, but when looking at South Korea alone, the procedural advantages are not great. From the perspective of examiners and opponents, it is treated exactly the same as a domestic application, and responses to reasons for refusal and objections must ultimately be handled through a local agent. In terms of costs, it may be more expensive if the only designated country is South Korea. However, there may be cost benefits if designated products span multiple categories or if you wish to apply for other Asian countries at the same time.
Recent amendments to international applications: The revised Trademark Law, which will take effect in 2024, will ease regulations regarding division of international registration applications andpartial substitution. Previously, divisional applications were not allowed for international trademark applications in South Korea designated by MadPro, but with the revision, division will now be possible in the same way as domestic applications. For example, even if you designate South Korea in your international application and undergo collective examination, if there are reasons for refusal for some products, you will be able to separate and divide that part and have the rest registered first. Conversely, it will also be possible to divide the underlying Korean application/registration for international applications with Korean as the basic registration. Furthermore, it is important to introduce apartial substitution system. Previously, substitution of domestic rights by international registration (integration of rights from existing domestic registration and international registration designation) was only allowed "if the designated goods encompass all of the rights." After the revision, even ifsome products overlap, substitutions will be allowed for the overlapped parts. These revisions will increase convenience for applicants who utilize international applications, and Japanese companies may also wish to use domestic applications and international applications differently depending on their strategies.
Paris priority: When filing directly from Japan to South Korea, there are cases where priority is claimed based on the Paris Convention (Korean application must be filed within 6 months from the Japanese filing date). South Korea is a member of the Paris Convention and recognizes the priority system. Priority documents must be submitted within three months of filing. In the Korean examination, if there is a priority claim, you may be asked whether the basic application has been registered. Please note that if the basic application is not registered due to rejection etc., it may be considered that the priority right is not established and the application will be examined.
When a foreign company or foreigner files a trademark application in Korea, there are specific requirements and procedures that a Japanese company should be aware of.
Appointment of a local agent (patent attorney): Foreigners and foreign corporations that do not have a residence or business office in Korea need a Korean agent (patent attorney qualification) to represent them. This is the same as in Japan where foreign companies need to go through a domestic agent when filing applications. Usually, Japanese companies request a Japanese patent office, and a Korean local representative (patent attorney) affiliated with that firm will handle the procedures on their behalf. Although it is possible to make a request directly to a Korean agent, in many cases the request is made through the Japanese contact point due to the language and complicated procedures.
Power of Attorney: Foreign applicants are required to submit a power of attorney. Although the application itself will be accepted without a power of attorney, it is necessary to submit a signed power of attorney via a local agent between the filing date and thepower of attorney submission deadline (approximately 2 months from the filing date). In South Korea, there is a general power of attorney system, and it is possible to cover multiple matters with one general power of attorney. Normally, it is sufficient to submit a PDF of a power of attorney in English or Japanese with the company seal of the Japanese company (no notarization or consular certification required). Please note that unlike Japan, where there is no obligation to submit a power of attorney at the screening stage, in South Korea, an official proof of power of attorney is required.
Indication of applicant's name and address: Indicate applicant's name and address in Korean on the application form. However, in the case of foreign corporations, English notation or local transcription is required. For example, Japanese company names should be written in English instead of katakana, and addresses should also be written in English (these are used for management on the KIPO database). Additionally, when applying for a Japanese trademark, you may be required to submit Romanized spelling and an English translation of the meaning. For example, if the trademark is a Japanese coined word, we will attach a declaration that there is no English translation of the trademark so that the examiner can understand it. Your agent will guide you through the preparation of documents, so there is no problem as long as you follow the instructions.
Other documents to be submitted: Basically, an application form and a trademark sample are sufficient for the trademark application itself, but there are cases where a priority certificate and various certificates (articles of incorporation for collective trademarks, licensing rules for certification marks, etc.) are required. When submitting foreign language documents, you may be required to attach a Korean translation. For example, if you are submitting evidence of US trademark registration, you will need to include a translation.
One trademark/one application principle: In Korea, as a general rule, only one trademark should be listed in one application. For example, it is not possible to apply for two types of logos with different designs in one application. This is the same principle as in Japan, but in South Korea it is clearly stated in Article 10 of the Act. If you wish to protect multiple trademarks, you must file separate applications for each. However, as mentioned above, it is special in that there is a Designated Product Additional Registration System, which allows the product range to be added later for identical or similar trademarks (this system does not exist in Japan, so please note this as a matter unique to Korea).
Fees/stamp tax: At the time of filing, you will need to pay the prescribed fee (electronic filing discount available). The fee is added according to the number of categories, and is about the same or slightly cheaper than the application fee in Japan. Appeal fees and renewal fees are also set for each category. In South Korea, there is a culture of using stamps to pay fees, and even in online procedures, payments can be made by purchasing electronic stamps. If a Japanese company makes a request through an agent, the agent will clearly indicate each cost in the estimate, so it is a good idea to let them know the number of categories and products in advance.
These are the points that foreign applicants (Japanese companies) should keep in mind when applying for trademarks and maintaining rights in Korea. In general, it is a prerequisite that procedures are delegated to a local patent attorney, so it is important in practice to work closely with the Japanese contact agent to manage deadlines and prevent document deficiencies.
Finally, we will summarize the main differences and commonalities between the Korean and Japanese trademark systems in a table format (for readers' practical reference). By comparing the characteristics of the Japanese and Korean systems, points to be noted when applying for and managing trademarks in both countries will become clearer.
| Item/System | Korean trademark system | Japanese trademark system |
|---|---|---|
| Participation in major relevant treaties | Paris Convention, Madrid Protocol, Nice Agreement (international priority/international registration ◎) | Paris Treaty, Madrid Protocol, Nice Agreement (same as left) |
| Principles of entitlement | First-to-file system (right granted to the first person based on filing date) | First-to-file principle (same as left) |
| From application to registration | Application → Formality examination → Substantive examination → Publication (objection period 2 months) → Registration decision → Registration | Application → Formality examination → Substantive examination → Registration decision → Registration (post-registration opposition period 2 months) |
| Timing of application publication | Public notice before registration (opposition reception) | Published after registration (opposition accepted) |
| Objection system | Within 2 months from the date of public announcement (anyone can file a complaint before registration) *From July 2025 onwards, the period will be shortened to 30 days | Within 2 months from the registration announcement (publication publication date) (anyone can file a complaint after registration) |
| Reason for refusal – absolute | Marks without distinctiveness cannot be registered (common names, descriptive marks, etc.) Marks that violate the public interest, unauthorized applications for other people's famous marks, etc. will also be rejected | Same (Japan also has provisions similar to Articles 3 and 4 of the Trademark Law) |
| Reason for refusal – relative | Cannot be registered if it is the same or similar to another person's prior trademark (same and similar goods/services) | Similar (Trademark Law Article 4, Paragraph 1, Item 11) |
| Registration using consent form | Possible (Registration is possible exceptionally with submission of written consent from the prior right holder under the 2024 amendment) | Not possible (In principle, registration is not possible with a consent form: This can be handled by transferring rights, etc.) |
| Partial registration allowed | Possible (Partial rejection system to be implemented in 2023: Even if some products have reasons for rejection, other products can be registered) | Not possible (In principle, all specified products will be rejected if there is a reason for refusal) |
| Reexamination request system | Yes (You can request reexamination by the examiner after a refusal decision) | None (Appeals against refusal are only requests for appeal) |
| Divisional application system | Yes (can be divided into specified product units during application and opposition pending) | Yes (same) |
| Additional registration of designated products | Yes (It is possible to apply for additional goods and services after registration or application and combine them with the original rights) | None (New products require a separate new application) |
| Type of trademark (including non-traditional) | Wide: Almost everything such as letters, figures, symbols, 3D, colors (including single colors), sounds, movements, holograms, smells, etc. | Wide but no smells: letters, figures, symbols, solids, colors, sounds, movements, holograms, etc. (smell trademarks have not been introduced) |
| Protected category | Product trademarks, service trademarks, collective trademarks, business marks, certification marks, geographical indications | Product trademark, service trademark, collective trademark, regional collective trademark, defensive mark (certification mark system has not been introduced) |
| Multi-class application | Available (Multiple categories can be specified in one application) | Available (same as left) |
| One trademark, one application principle | Yes (multiple trademarks are not allowed in one application) | Yes (same as left) |
| Requirement of local agent | Required (For overseas residents, procedures must be completed through a Korean patent attorney) | Required (For overseas residents, procedures must be completed through a Japanese agent) |
| Submission of power of attorney | Required (can be submitted after application, general power of attorney system available) | Normally unnecessary (required for referees and above) |
| Estimated review period | Approximately 12 to 14 months (normal examination) *Approximately 2 months for accelerated examination | Approximately 6 to 12 months (varies depending on the case, there is no accelerated examination system) |
| Duration of life | 10 years from the registration date (can be renewed every 10 years thereafter) | 10 years from the registration date (same as left) |
| Certification of use for renewal | Not required (can be updated even if there is no usage history) | Unnecessary (same as left) |
| Non-use cancellation system | Yes (anyone can request a cancellation trial after 3 years of non-use after registration) | Yes (same as left) |
| Eligibility for request for cancellation trial | Any number of people can claim (revised in 2016) | Any number of people can claim |
| Restrictions after cancellation is confirmed | Prohibition of re-application of the same and similar trademark by right holder (3 years from finalization of cancellation) | Nothing in particular (you can reapply at any time) |
| Civil remedies for infringement | Claim for injunction, claim for damages, credit recovery measures, etc. | Claim for injunction, claim for damages, credit recovery measures, etc. (same) |
| Punitive damages | Yes (up to 5 times compensation for intentional infringement, to be enforced in 2025) | No (statutory compensation and compensation for derived profits are available) |
| Criminal punishment | Yes (up to 7 years imprisonment or fine up to 100 million won) | Yes (imprisonment of up to 5 years or fine of up to 5 million yen) |
(Note) The above is based on information as of July 2025. As the requirements may change due to legal revisions or operational changes, we recommend checking with the Korean Patent Office's published materials and local agents for the latest information.
The Korean trademark system has many basic frameworks in common with Japan, but there are also unique systems such as acceptance of partial refusal, introduction of consent form system, and designated product additional registration system. In addition, recent legal reforms have seen moves to strengthen protection, such as strengthening support for international applications and introducing punitive damages for the enforcement of rights. South Korea is an important market for Japanese companies, and damage from counterfeiting can occur, so it is important to accurately understand the differences in the systems and develop a trademark strategy early. We hope that this article will be of help in your practice.
References/Sources:
HARAKENZO WORLD PATENT & TRADEMARK Patent Attorney Corporation “Trademark System of the Republic of Korea (Korea)” (Released on June 6, 2024)
Prime Works International Patent and Trademark Office "What does it mean to register a trademark in Korea? Explaining the key points to register a trademark in Korea" (Updated on July 13, 2023)
Kim & Chang Law Office (Kim & Chang) “Revised trademark law including introduction of trademark coexistence consent system, effective from May 1, 2024” (Intellectual Property Newsletter November 14, 2023)
Japan External Trade Organization (JETRO) Seoul Office “Enforcement of partial trademark refusal and reexamination request system” (Intellectual Property News February 2, 2023)
Newpon Patent and Trademark Office "Trademark Protection in South Korea" (Explanation of the 2014 Revised Trademark Law)
Patent Attorney Corporation Saegusa International Patent Office "Korean Trademark System" (World Trademark System Navigation)
JETRO/INPIT Intellectual Property Information Data Bank for Emerging Countries, etc. “Overview of the trademark application system in Korea”
Others: Articles of Korean Trademark Law, Japanese Trademark Law, Korean Patent Office press release, Japan Patent Office's ``Counterfeit Countermeasures Manual Korea Edition,'' etc.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).