The following articles shall comprehensively guide to register trademark in South Korea which the trademark applicant should note prior to officially filing South Korea trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in SOUTH KOREA: first to file or first to use? | South Korea is applying “first to file” system. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.
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| What is advantage of trademark registration in SOUTH KOREA? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
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| Definition of trademark in SOUTH KOREA (i.e. What can be a trademark in SOUTH KOREA)? | “trademark” means a mark used to distinguish goods (including services or goods related to the provision of services except goods on which a geographical indication is used; hereinafter the same shall apply) of one business from those of others;
mark means all indications used to identify the source of goods, irrespective of the composition or methods of the expression thereof, which include any sign, letter, figure, sound, smell, three-dimensional shape, hologram, movement, color, etc. |
| Do we need to conduct trademark search in SOUTH KOREA before officially filing trademark in SOUTH KOREA? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in South Korea. |
| What international treaties SOUTH KOREA is a member? | South Korea is the member of Singapore Treaty on the law of trademarks, Vienna Agreement establishing an International Classification of the Figurative Elements of Marks, Trademark Law treaty, Protocol relating to the Madrid Agreement concerning the International Registration of Marks, Nice Agreement concerning the international classification of Goods and Services for the Purposes of the Registration of Marks, Paris Convention for the Protection of Industrial Property. |
| When is opposition to trademark application in SOUTH KOREA? | Any parties have the right to file opposition against an applied trademark before it has been granted the protection. |
| Do we need Proof of use for trademark in SOUTH KOREA? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim. |
| What rights do owners of trademark have after getting trademark registration in SOUTH KOREA? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in SOUTH KOREA? | A trade mark shall be registered for a period of 10 years from the registration date. |
| What is use requirement after trademark registration in SOUTH KOREA?
What actions could be considered as use of trademark in SOUTH KOREA?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
A trademark must be used in the commercial scale within three years after its registration, or within the three years immediately preceding the filing date of any non-use cancellation action. However, there are no definition of “Commercial scale”. |
| Is cancellation of trademark registration in SOUTH KOREA available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in South Korea is available. A trademark may be cancelled where: – The registered trademark conflict with the earlier trademark; – The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services. – The marks that breach the copyright of another parties. – The mark that are similar or identical with the well-known trademark; – The mark that are similar or identical with the armorial bearings, flags and other state emblems; – The mark that are conflict with the protected industrial design or geographical indication. – The mark is generic; – The mark is against the public policy or morality of the social. – The mark that are deceive the public. |
| What are required documents for renewal trademark in SOUTH KOREA?
Is grace period after renewal date allowed? |
The required documents for renewal a trademark in South Korea is power of Attorney. The grace period is 06 months from the expire date of the trademark registration. |
| Is customs record of trademark registration available in SOUTH KOREA? | The trademark registration may be recorded online on customs data but it is not automatically mechanism. |