– Trademark Law, as last amended on February 29, 2016 (effective from September 1, 2016), on March 21, 2017 (effective from September 22, 2017), on April 17, 2018 (partly effective from July 18, 2018, wholly effective from October 18, 2018), on January 8, 2019 (effective from July 9, 2019), on April 23, 2019 (effective from October 24, 2019), on October 20, 2020 (effective from October 20, 2020), on December 22, 2020 (effective from June 23, 2021), on August 17, 2021 (effective from November 18, 2021), on October 19, 2021 (effective from April 20, 2022), on December 7, 2021 (effective from April 20, 2022), on February 3, 2022 (partly effective from August 4, 2022, wholly effective from February 4, 2023), on October 18, 2022 (effective from October 18, 2022), on September 14, 2023 (effective from March 15, 2024), and on October 31, 2023 (effective from May 1, 2024).

– Convention Establishing the World Intellectual Property Organization (WIPO), since March 1, 1979.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 4, 1980.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Nice Agreement, since January 8, 1999.
– Trademark Law Treaty (TLT), since February 25, 2003.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since April 10, 2003.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 14, 2007.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since April 17, 2011.
– Singapore Treaty on the Law of Trademarks, since July 1, 2016.

Applicant: an individual or a corporate body (firm, company, corporation, etc.).

Foreigners and nationals not living in the country: must appoint an agent living in Korea.

Trademarks of foreigners: can be registered even if they are not registered, applied for or used in the home country.

Kinds of protection: trademarks, service marks, collective marks, collective marks of geographical indications and business emblem marks including three-dimensional marks, color marks, hologram marks, and motion marks. From March 15, 2012, a certification mark system was introduced. From September 1, 2016, a service mark system is incorporated into a trademark system and thus for applications filed on or after September 1, 2016, applications should be filed as trademarks even on services. 

Priorities: six months; priority document must be filed within three months of filing date.

Classification: according to the International Classification as from March 1, 1998. Class headings and subheadings may not be designated; goods must be specifically defined. Multi-class designation is allowed in one application.

Amendment of application: the trademark applied for cannot be materially amended, but a part of the designated goods can be disclaimed.

Division: an application with designated goods falling under two or more classes may be divided into separate new applications.

Distinctiveness: a trademark need not be new, but must be distinctive.  

Not registrable: (1) usual name of goods; (2) marks customarily used on goods; (3) trademarks consisting solely of a mark indicating, in a common way, the origin, quality, raw materials, efficacy, use, quantity, shape or price of the goods; (4) trademarks consisting solely of a mark indicating a well-known geographical name, the abbreviations thereof or a map; (5) trademarks consisting solely of a mark indicating, in a common way, a commonplace surname or name of a legal entity; (6) trademarks consisting solely of a very simple and commonplace mark; (7) trademarks by which consumers are unable to recognize the source of goods; (8) (a) trademarks which are identical with or similar to the national flag, emblem, colors, medals, decorations or badges of the Republic of Korea, or the official seals or symbols which indicate supervision or certification by the Republic of Korea or public organizations thereof, (b) trademarks which are identical with or similar to the national flags of the members of the Paris Convention, WTO, or TLT, (c) trademarks which are identical with or similar to titles or emblems of the Red Cross, Olympic or well-known international organizations (unless filed by said organizations), (d) trademarks which are identical with or similar to the arms, flags, medals, decorations or badges of the members of the Paris Convention, WTO, or TLT, or titles, their abbreviations, arms or badges of intergovernmental organizations joined by the members, which are designated by the Commissioner of KIPO after being notified by WIPO (unless filed by said members), (e) trademarks identical with or similar to the seals or symbols for supervision or certification by the members of the Paris Convention, WTO, or TLT which are designated by the Commissioner of KIPO after being notified by WIPO, which cover identical or similar goods; (9) those disrespectful to any nation, race, or public organization, or religion; (10) those identical or similar to emblems of a well-known non-profit public organization (unless filed by said organization); (11) those contrary to public order or morals; (12) those identical or similar to medals, diplomas of honor, or prize marks of an exhibition held by the government (however, trademarks partially including such honors, etc. filed by winners of such honors, etc. are registrable); (13) those identical to names, titles, portraits, signatures or seals, etc., of a well-known person without that person’s consent; (14) (a) those identical or similar to other earlier filed registered trademarks, which cover identical or similar goods (however registrable with the consent of the earlier filed trademark owner except for the same trademark for the same goods), (b) those identical or similar to other earlier filed collective marks of geographical indications and covering identical goods which are identical or recognized as identical; (15) (a) those identical or similar to other well-known trademarks which cover identical or similar goods, (b) those identical or similar to other well-known geographical indications and covering identical goods which are identical or recognized as identical; (16) those which are liable to cause confusion with the well-known goods or business of a third party, or cause damage to distinctiveness or reputation thereof; (17) those perceived to be misleading as to the quality of goods; (18) (a) those which are identical or similar to a mark which is known inside or outside Korea and which is used to obtain unjust profit, (b) those which are identical or similar to geographical indications which are known inside or outside Korea and which are used to obtain unjust profit; (19) those which consist solely of a three-dimensional shape, a color, or combination of colors essential to the function of the goods or their packaging; (20) those which contain or consist of a geographical indication of the place of origin of wines or spirits in a member country of WTO and which are used in connection with wines or spirits (however, collective marks including geographical indications by legitimate users are registrable); (21) trademarks identical with or similar to titles of plant varieties registered under the New Plant Varieties Law, which cover identical or similar goods; (22) trademarks identical with or similar to other geographical indications registered under the Quality Control of Agricultural Products Law or the Quality Control of Fishery Products Law and covering goods which are identical or recognized as identical; (23) trademarks identical with, similar to, composed of or including other geographical indications protected under the FTAs between Korea and foreign countries and covering goods which are identical or recognized as identical; (24) those identical or similar to others’ trademarks on identical or similar goods that are filed for with the knowledge, through contract or business relationships such as partnership, employment and others, or other relationships, that said others are using them or preparing to use them; (25) those identical with, similar to, the trademark registered in a State party to the treaty on identical or similar goods, which are filed by any person who has or had a contractual relationship, such as partnership or employment, business contractual relationship, or any other relationship with the trademark right holder and without his consent. 

Territory covered: the Republic of Korea.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. 1 print (ordinary paper size: 210 x 297 mm);
3. Certified copy of the priority application, if priority is claimed.

Filing without one or more requirements: a Convention priority document may be filed within three months of the filing date. A power of attorney must be filed within a term fixed by the Korea Intellectual Property Office (KIPO) (usually one month, extendible).

Urgent registration: not provided for.

Electronic filing: available (reduced filing fees).

Criteria for registration: a trademark must be in two-dimensional form or three-dimensional form and must consist of characters, figures or signs, shapes, colors, holograms, motions or a combination thereof. As of July 1, 2007, a mark consisting only of colors is registrable. From March 15, 2012, sound marks or scent marks are permitted if visually perceptible.

First to file: where two or more applications relate to similar or identical trademarks which are to be used on similar or identical goods, only the earliest applicant may obtain a trademark registration.

Priority examination: priority examination of a trademark application may be requested: (1) where it is obvious that an applicant is using or preparing to use the filed trademark on all designated goods; (2) where a person who is not an applicant is using a trademark identical with or similar to the filed trademark on identical or similar goods without justifiable reasons; (3) an application for a trademark on the basis of which the applicant has sent a warning letter to another person who uses a similar or identical trademark on similar or identical goods; (4) an application for a trademark for which the applicant has received a warning letter due to use of the pending trademark; (5) a basic application of the international application through the Madrid system, which is registered regarding the date of international registration or subsequent designation; (6) where small or medium entities under the Decree of the Procurement Management Law file a collective mark; (7) an application for a trademark which is the basis of a priority under the Paris Convention and of which the priority claimed application is pending at the foreign examination Office; (8) an application for a trademark which is filed by the owner of a registered trademark extinguished due to the expiration of the term and of which the mark and the designated goods are wholly identical with those of the extinguished registered trademark.

Extent of examination: a trademark application is examined to determine whether it meets all requirements for registration; if the trademark meets all the requirements for registration, the trademark application is published for opposition in the Official Trademark Gazette; if a trademark application has grounds of rejection, grounds of rejection must be specified by the goods.

Partial rejection: for an application filed before February 4, 2023, even where rejection grounds are directed to only part of the designated goods, the Examiner must issue a final rejection against the entire application unless the rejection grounds are overcome. However, for an application filed on or after February 4, 2023, in such a case, the Examiner must issue a final rejection only as to the designated goods with rejection grounds. Thus, a trademark application for the remaining goods without rejection grounds may be granted a trademark even without an applicant's response to an Office action.

Examiner’s rejection: period of two months to respond to Examiner’s action (four times extendible with fee). For applications filed on or after October 6, 2013, it is possible to submit a response within two months after the expiry of the due date.

Reexamination and appeal against Examiner's final rejection (or re-rejection): for applications filed before February 4, 2023, an appeal against the Examiner's final rejection must be filed within thirty days (extendible with fee) from the date of receipt of Notice of Final Rejection (as from April 20, 2022, within three months therefrom). For applications filed on or after February 4, 2023, a person who receives a final rejection must file an appeal, or an amendment and request for reexamination within three months from the date of receipt of a certified copy of the decision of rejection (extendible with fee). An appeal against re-rejection after reexamination is allowable. However, reexamination system is not applicable to international trademark registration applications.

Publication: the application is published in the Official Trademark Gazette about twenty days after the decision for publication.

Opposition: within two months of the date of publication, anyone can raise an opposition by submitting to KIPO a statement of opposition together with evidence. The term for raising an opposition cannot be extended. 

Ex officio reexamination after a decision for grant: for an application filed on or after April 20, 2022, when the Examiner finds obvious grounds for rejection after the decision for grant and before registration of grant of the trademark, he or she can cancel the decision for grant ex officio and resume examination. However, ex officio reexamination system is not applicable to international trademark registration applications.

Disclaimers: not available.

Letters of consent: not accepted.

Dispute about ownership: not provided for.

Application kept secret: not possible.

Granting: where no grounds for rejecting a trademark application are established, the Examiner shall render a decision that a trademark registration is to be granted for the application after the expiration of the opposition period.

Registration: a trademark right is obtained only upon payment of the registration fees.

Delivery of document: KIPO issues the trademark registration certificate in both paper and electronic format. When paying the registration fees, the applicant may choose which format, with no additional fees in case of paper format.

Beginning of protection: from the date of registration.

Duration: ten years from the date of registration.

Renewal: renewable every ten years from the date of registration. Renewal fees for ten years may be paid at one time or divided into two five-year payments. Renewal registration will be made with the request and fees, without substantive examination; submission of documentary evidence of actual use is not necessary for a request for renewal registration. As of October 24, 2019, in the case of joint ownership of trademark right, each owner, as well as all joint owners, may file a request for renewal registration. 

Latest term for renewal: a request for renewal must be filed within the year before the date of expiry, or within six months after the expiration. 

Provisional registration: not provided for.

Right to demand compensation for loss: after an application for trademark registration is published, the applicant may give written warning to a person who uses an identical or similar trademark on goods which are identical with or similar to the designated goods and have the right to demand compensation for loss.

Trademark right: the owner of a registered trademark is granted the exclusive right to use the mark with respect to the designated goods.

“Use” of a trademark means: (1) indicating the mark on goods or packaging; (2) transferring or delivering goods on which or on the packaging of which a mark has been indicated, providing such goods through electric telecommunication lines, or displaying, exporting or importing such goods for the purpose of their transfer, delivery, or providing; (3) displaying or distributing advertisements, price tags, business documents, other means on which a mark has been indicated with respect to goods. "Indication" of a mark includes use of the shape of goods, their packaging, advertisements, etc. as a mark.

Way of use: a mark must be used in substantially its registered form. If a mark is registered in Roman characters it must be used in Roman characters and not in its Korean transliteration, and vice versa.

Obligation to use: there is no obligation to use a mark, but a registered trademark may be cancelled in a Cancellation Trial filed by an interested party if it has not been used within a period of three consecutive years after registration and immediately preceding the filing of the Cancellation Trial.

Marking of registered goods: not compulsory, but desirable.

Text of marking: “Registered Trademark” with the registration number.

Limits of trademark right: the effects of a trademark right do not extend to: (1) a trademark using his/her own name, title, or trade name, portrait, signature, seal, or well-known pseudonym, stage name, pen name, and the well-known abbreviated title thereof, in accordance with generally accepted business practices without the purpose of unfair competition; (2) a trademark indicating the common name, place of production, quality, raw materials, efficacy, uses, quantity, shape, price, or methods of production, methods of processing, methods of use and time of goods identical or similar to the designated goods of the registered trademark according to methods in common use; (3) a trademark which consists of a three-dimensional shape without distinctiveness; (4) a trademark used commonly on the goods identical or similar to the designated goods of the registered trademark, and trademark which consists of a distinguished geographical name and the abbreviated title thereof or a map; (5) a trademark which consists of a shape, color, combination of colors, sound or smell essential to secure the function of the designated goods of the registered trademark or the package thereof; (6) same cases as above (1) to (5) for collective marks of geographical indications and covering goods which are identical or recognized as identical, except place of production and a distinguished geographical name among the above. 

Right of prior user: where a person continues to use a trademark prior to filing of a registered trademark without the purpose of practicing unfair competition and the used trademark is known as indicating the goods of the person, right of prior user is recognized (as from the filing date of July 1, 2007). In case a person uses his own name or trade name as a trademark, right of prior user is recognized even if the used trademark is not known (as from the filing date of October 6, 2013).

Infringement: unauthorized use of a trademark constitutes infringement. In addition, the following acts are deemed to be infringement: (1) using a trademark identical with or similar to a registered trademark of another on goods similar or identical to the designated goods; (2) delivering, selling, counterfeiting, imitating or possessing a trademark identical with or similar to the registered trademark of another for the purpose of using or causing a third party to use such trademark on goods identical or similar to the registered goods; (3) manufacturing, delivering, selling, or possessing instruments for the purpose of counterfeiting or imitating a registered trademark of another or causing a third party to counterfeit or imitate such trademark; (4) possessing goods identical with or similar to the designated goods on which the registered trademark of another person or a trademark similar thereto is applied, for the purpose of delivering or transferring the goods. In the case of collective marks of geographical indications the above-mentioned is applicable only to identical goods; (5) same acts as above (1) to (4) for collective marks of geographical indications and covering goods which are identical or recognized as identical.

Remedies: a trademark owner or exclusive licensee may request a court to prohibit or prevent infringement, including the destruction of infringing articles or the removal of facilities provided for the act of infringement, and compensation for damages. For an infringement of a trademark acted intentionally on or after October 20, 2020, treble damages may be imposed by the court. From October 20, 2020, a trademark owner or an exclusive licensee may request statutory damages within 100 million won (300 million won in case of an intentional infringement) instead of actual damages for the infringement. And a court may issue a secrecy maintenance order upon a party's request to prevent business secrets from leaking out during lawsuit. Additionally, if a criminal complaint is lodged, a fine of not more than one hundred million won or imprisonment of up to seven years may be imposed.

Opposition to registered marks: not provided for.

Expropriation: not provided for.

Correction of registration: if a mistake is made in the registration by an official of KIPO, it may be corrected ex officio.

Modification of the mark: not possible.

Changes in the list of goods: the scope of the list of goods may be narrowed, but may not be broadened. An application for supplementary registration of other goods may be filed.

Licenses: two kinds of licenses provided for: (1) exclusive license and (2) non-exclusive license. The granting of a license to use a trademark and the conditions for licensing are agreed between the owner of the trademark and the third party. An exclusive license does not take effect unless registered. But from March 15, 2012, an exclusive license will take effect even if not registered. An exclusive licensee may take direct legal action against any infringer.

Compulsory licenses: not provided for.

Assignment: a trademark right can be assigned with or without the business of the owner and without public announcement.

Invalidation: an interested party or an Examiner may file an invalidation trial against a registration with KIPO based on the grounds mentioned above under “Not registrable” or if the registration has been effected on the basis of a trademark application filed by a person who is not a successor in title to the right to file the trademark application, or if the registration has been effected in violation of the first to file rule or in violation of a treaty.

Cancellation of trademark: a third party may request a trial for cancellation of a registered trademark: (1) in case of non-use of a trademark over a period of three consecutive years; (2) where the owner of a trademark right deliberately uses the mark in a way which would mislead or confuse consumers; (3) where the trademark right does not comply with certain provisions concerning the transfer of trademarks; (4) where an exclusive or non-exclusive licensee uses the mark in a way which would mislead or confuse consumers in the absence of due care by the trademark owner. For an application filed before September 1, 2016, the proprietor of a foreign trademark may also file a cancellation trial within five years of the registration date of a trademark if such trademark was filed without justifiable reason by a person who was, within the year preceding the date of application, an agent or representative of the proprietor of the foreign registered trademark, but for an application filed on or after September 1, 2016, in such a case, the proprietor of a foreign trademark can demand an invalidation trial instead of a trial for cancellation. 

Restoration of cancelled or invalidated marks: restoration is possible by virtue of re-trial. A demand for re-trial must be made within thirty days of the day on which the demandant became aware of a reason for re-trial. However, re-trial may not be demanded once three years have elapsed from the day on which the judgment in trial became finally binding.

Registration of invalidated marks: an application for registration of an invalidated trademark is regarded as a new application.

GENERAL REMARKS

Reclassification of goods: goods of which a renewal application was filed prior to March 1, 1998 must be reclassified in conformity with the International Classification within a period from one year before the expiry date to six months after the expiry date. If not, the registration lapses on the next expiry date.

Marks filed prior to March 1, 1998, are classified according to the following Korean Classification of goods and services. Marks filed on and after March 1, 1998, are classified according to the International Classification. According to the introduction of the 9th Edition of the Nice Agreement as of January 1, 2007, general term of goods is permitted partly and wholesale and retail trade may be filed as trademark; though introduction of International Classification, examination is conducted based on the following classification:

CLASSES OF GOODS
1. Fertilizers.
2. Agricultural products and processed products thereof, foods not belonging to other classes.
3. Confectionary and sugar products.
4. Seasonings.
5. Tea and non-alcoholic beverages.
6. Alcoholic beverages.
7. Livestock products and processed products thereof, fatty oil and fat (excluding industrial oil), milk products, animals not belonging to other classes.
8. Edible marine products and processed foods thereof.
9. Tobacco and smoker’s articles.
10. Chemicals and medicines (excluding those belonging to other classes).
11. Medical apparatus and instruments, parts and accessories thereof, sanitary goods.
12. Perfumes, incenses and cosmetics not belonging to other classes.
13. Soap and detergents, tooth paste.
14. Washing machine, cleaning equipment, brushes not belonging to other classes.
15. Dyestuffs, pigments, mordant dyes and paints.
16. Minerals (excluding those belonging to other classes).
17. Glass (excluding those belonging to other classes).
18. Kitchen utensils and daily goods (excluding those belonging to other classes).
19. Straw, grass and their products not belonging to other classes.
20. Wood, bamboo, bark and their products (excluding those belonging to other classes).
21. Paper and its products not belonging to other classes.
22. Stationeries.
23. Leather, the imitation thereof, and its products not belonging to other classes.
24. Plastics, rubbers, pulps and other basic materials not belonging to other classes.
25. Bags and containers (excluding those belonging to other classes).
26. Furniture, bedding, indoor and outdoor decoration, goods for wedding, funeral and rituals (excluding those belonging to other classes).
27. Shoes, umbrellas, sticks, fans, and their accessories.
28. Heating equipment, air conditioning equipment and refrigerating machinery and implements.
29. Lighting articles, parts and accessories thereof (excluding electric and battery operated products).
30. Nails, bolts, and nuts (excluding those belonging to other classes).
31. Hand tools, hand cutleries and tools not belonging to other classes.
32. Metals and semi-processed products not belonging to other classes.
33. Cement, stone and materials for architecturally or structurally exclusive use not belonging to other classes.
34. Physical and chemical apparatus and instruments (excluding those belonging to applied electronic machinery and apparatus), optical apparatus and instruments (excluding those belonging to applied electronic machinery and apparatus), photographic apparatus and instruments, motion picture apparatus and instruments, measuring apparatus and instruments (excluding those belonging to applied electronic machinery and apparatus and electric and magnetic measuring instruments), their parts and accessories (excluding those belonging to other classes), photographic materials and glasses and their parts.
35. Timepieces, their parts and accessories.
36. Office machines and equipment (excluding those belonging to applied electronic machinery and apparatus), their parts and accessories, and other machines and equipment not belonging to other classes.
37. Transportation equipment, parts and accessories thereof (excluding those belonging to other classes).
38. Industrial machinery and implements, power generating machinery and implements (excluding electric motors), pneumatic and hydraulic machinery and implements, their parts and accessories (excluding those belonging to other classes).
39. Electrical machinery and implements, electric communication machinery and implements, applied electronic machinery and apparatus (excluding those belonging to medical instruments), electric materials.
40. Fuels, industrial oils (excluding industrial fatty oils and fats) and waxes.
41. Matches.
42. Firearms, ammunitions and shells, gunpowder, explosive, firing articles and their auxiliaries, parts and accessories thereof.
43. Toys, game goods, sporting goods, and recreation equipment.
44. Jewels, precious metals and imitations thereof, their products not belonging to other classes.
45. Clothing, personal outfitting and artificial flowers.
46. Silkworm eggs, silk cocoons and silkworm rearing machinery and implements.
47. Raw fibers.
48. Yams, threads.
49. Textiles.
50. Nets and strings not belonging to other classes.
51. Musical instruments, phonographs and their parts and accessories.
52. Printed matters (excluding those belonging to other classes), writings and paintings, sculptures, photographs.
53. Goods not belonging to the classes from 1 to 52.

CLASSES OF SERVICES
101. Advertisement business.
102. Financial business.
103. Insurance business.
104. Civil engineering and construction engineering business.
105. Repair business.
106. Communication business.
107. Broadcasting business.
108. Transportation business.
109. Warehouse business.
110. Special processing business.
111. Entertainment business.
112. Businesses not belonging to any other class.