The Korean trademark system, overseen by the Korean Intellectual Property Office (KIPO), is characterized by specific features and follows a structured application procedure:
First-to-File Rule
Korea adheres to the first-to-file principle, granting trademark rights to the first applicant, irrespective of prior use.
Substantive Examination
All trademark applications undergo a substantive examination to assess distinctiveness and ensure compliance with registration requirements.
Opposition Period
After publication, there is a two-month period during which third parties can file oppositions against the trademark application.
1. Filing an Application
Any individual or entity intending to use a trademark in Korea can apply. Required documents include an application form, specimens, and priority documents (if applicable). Unused trademarks may be canceled after 3 years of non-use.
2. Formality Examination
KIPO reviews the application for compliance with formal requirements. Missing or incorrect information may lead to a notice of amendment failure to address issues can result in the application being considered as not submitted.
3. Substantive Examination
The application is examined for registrability, including distinctiveness and absence of conflicts with prior trademarks.
4. Publication
If no grounds for rejection are found, the application is published in the "Trademark Publication Gazette," initiating a two-month opposition period.
5. Opposition
During the opposition period, any person may file an opposition against the trademark application.
6. Registration
If no opposition is filed or if oppositions are resolved in favor of the applicant, a decision to register the trademark is issued. The applicant must then pay the registration fee within the specified period to complete the registration process.
7. Duration and Renewal
A registered trademark is protected for 10 years from the registration date and can be renewed every 10 years. Renewal applications should be filed within one year before the expiration date; a six-month grace period is available with a late fee.
8. Appeals and Legal Remedies
Rejected applications can be appealed to the Intellectual Property Trial and Appeal Board (IPTAB), the Patent Court, or the Supreme Court. Legal actions against infringement include injunctions, claims for damages, and criminal penalties.
Overview of Trademark Filing and Examination Procedures
