Fees associated with filing trademark application in South Korea as well as other trademark fees are available in the fee calculator.
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Multiple class applications
Multiple class trademark applications are possible in South Korea.
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Filing requirements in South Korea:
The official language of a trademark application in Korea is Korean.
A trademark application in Korea must contain at least the following:
- representation of a trademark;
- applicant's details;
- designated goods and class(es) of a trademark.
A certified copy of the Priority Document alongside the Korean translation should be submitted within 3 months from filing the trademark application in the Republic of Korea. This term cannot be extended.
It is recommended to submit a scanned copy of the Power of Attorney simultaneously with filing the trademark application in the Republic of Korea. If not submitted upon filing, the KIPO will issue a notice to file and stipulate a time period in which to file the POA. Official legalisation is not required.
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Examination, publication and opposition of a trademark application in South Korea
The application will undergo both formal and substantive examinations, substantive examination includes a search for conflicting marks and distinctiveness examination.
After the examination, an application is published in the Official Gazette before opposition. The opposition period for a Korean trademark application is 2 months from the date of publication.
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Grant, validity term and trademark renewal
Official fees for granting should be paid within 2 months from the date when Notice of Allowance was received. The term of a registered trademark in Korea is ten years from the date of registration, renewable an unlimited number of times every ten years. A renewal application should be filed within 1 year before the expiration date. This term may be extended by a 6 month grace period after the renewal due date.
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Duration of registration procedure
The processing time from first filing to registration is approximately 9-12 months in the case of a smooth registration procedure.
The validity of a registered trademark in Korea may be cancelled through a trial if it is shown that the trademark has not been used for 3 consecutive years before the filing date of the trial proceedings.
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Representation by a trademark attorney
For foreign applicants, it is necessary to perform trademark prosecution in Korea through a practising trademark attorney of Korea.
1. Online Search databases: Korean Trademarks, International Trademarks.
2. The time limit to file a response to the provisional refusal of an international registration in South Korea is 2 months from the date the Office issues the refusal. It is possible to request an extension of time by additional 2 months. The language of the response is Korean. It is necessary to appoint a local representative for filing of the response. There is no option to request a revision or file an appeal to the refusal.
Brief summary is based on the information provided by JEONG, KIM & LEE IP LAW FIRM on 05.03.2024
Please contact us if the above information is not in conformity with South Korean IP Laws.