SOUTH KOREA

• Kinds of Trademarks registrable in SOUTH KOREA

  • Following indications may be used as Trademarks in South Korea:

    • Signs and Symbols
    • Letters and Characters
    • Figures and Diagrams
    • 3D Shapes
    • Colours and Combination of Colours
    • Holograms
    • Motion Marks, Sound Marks, Smell Marks,
    • Distinctive marks
    • Device & 3D marks
    • Shape marks
    • Service marks Combinations of the above with or without colour imitations

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in SOUTH KOREA

  • Trademarks must contain the following essential requirements to be registrable in South Korea:

    • The proposed trademark should fit the description of a trademark as prescribed in the trademarks act.
    • The proposed trademark should be distinctive so as to be able to distinguish goods and services along with being an indication of the source of goods and / or services.
    • If it is not inherently distinctive, the should have acquired distinctiveness and / or secondary meaning.
    • The mark should not fall into any of the categories of unregistrable trademarks as set out by the trademarks act.
• Kinds of Trademarks not registrable in SOUTH KOREA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in South Korea:

    1. Descriptive marks
    2. Misleading marks as to the nature, quality, characteristics or geographical origin of the goods.
    3. Generic & Customary to the trade.
    4. Contrary to public order or morality.
    5. Marks or signs consisting of names, portraits of persons.
    6. Maps, flags and other political symbols.
    7. Shapes that are not distinctive.
    8. Colour alone unless it is defined by a given form.
    9. Marks that could be identical or similar to prior registered marks.
    10. Marks containing scandalous & disparaging matter.
    11. Trademarks similar, identical to national flags, emblems, colours, medallia, decorations, badged, sealed, insignia of Korea as well as other countries.
    12. Trademarks similar, identical to names, insignia, signs, seals, and such other indications of the red cross, olympic association and such other international and inter-governmental organisations and associations.
    13. Trademarks containing names, pseudonyms, pen names, signatures, seals, trade names, title or well known people as we’ll as their portraits, pictures images photographs and caricatures.
    14. Trademarks similar, identical to registered geographical indications.

    TrademarkCopia through its associate Law Firms and Lawyers in South Korea is at hand to help you with trademark registration and prosecution.

• Trademark Search in SOUTH KOREA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademarks Office of South Korea.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in South Korea.

• Trademark Filing in SOUTH KOREA

  • Filing is done with the Trademark office of South Korea. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Priority details if any.
    7. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in SOUTH KOREA

  • Examination takes approximately 1yr. from the filing date of the application and is conducted by the KIPIRS substantially for the following:

    • To ascertain whether the proposed mark fits the description of a trademark as per the trademarks act.
    • No request for examination is needed for the initiation of a substantial examination.
    • Trademark applications may be filed requesting accelerated examination as well.
• Trademark Publication & Opposition in SOUTH KOREA

  • In the event there is no rejection by the examiner pursuant to the amendments if any carried out by the applicant, the examiner will then publish the trademark in the official gazette called the ‘Trademark Publication Journal for opposition by the public within stipulated time from the date of publication.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in South Korea can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in SOUTH KOREA

  • Post publication of the trademark application in the journal, if it does not encounter any opposition by third parties the application proceeds for registration.

    Once the trademark is registered, registration certificate is issued.

    Trademark registration in South Korea is valid for 10 years from the date of registration after which it can be renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    1. Transferred in whole or in part
    2. Inherited – Assigned and licensed.
    3. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    4. Licensed to natural or legal persons
    5. Prevented from unauthorized usage by third parties
    6. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in SOUTH KOREA

  • There is no advantage in using a trademark before filing an application. However, well known marks that are in actual use are recognised and protected.

• Trademark Cost of Registration in SOUTH KOREA

  • Please write mail for the cost of registration of trademark in South Korea to the mail address given below:

    contact@trademarkcopia.com