Korea follows a strict first-to-file framework. The applicant who files first generally receives superior rights, even if another party used the mark earlier in commerce. Early filing is therefore essential. Although bad-faith filings can be challenged, the prior user bears the burden of proof.
Any application filed without proper representation will be returned and treated as though it were never filed. The appointed local representative must reside in Korea and be legally authorized to handle all trademark prosecution matters on behalf of the applicant.
To qualify, the mark must demonstrate distinctive character, either inherently or through acquired distinctiveness as a result of prior use. South Korea also provides protection for specialized trademark categories:
These special marks also follow similar distinctiveness and examination principles, but carry additional eligibility and usage rules under the current law.
The grounds for refusal for registration of trademarks generally arise from two areas: lack of distinctiveness, or conflicts with prior rights or public policy provisions. The following types of marks are commonly rejected:
If the applicant proves that consumers recognize the mark as identifying a single source due to extensive use, the mark may still be registered despite its initial nondistinctiveness.
Even if a trademark is inherently distinctive, the official may still refuse it on legal or ethical grounds. A mark will be rejected if it conflicts with earlier rights, for example, if it is similar to an existing registration used on identical or related goods, resembles a well-known or famous mark, or creates a likelihood of consumer confusion or dilution.
A refusal may also be issued on public-order grounds. This includes marks that could mislead consumers about a product’s origin, quality, or characteristics, as well as those that contain national symbols, flags, emblems, or other protected insignia such as the Red Cross or IOC symbols.
Marks that violate morality or public order, defame a state, ethnic group, religion, or public institution, or are filed in bad faith to gain an unfair advantage will also be rejected. In addition, any mark consisting of functional shapes or colors that are essential to the product or its packaging cannot be registered.
Finally, Korea introduced a more flexible approach to handling similar marks starting around mid-2024. Under this reform, if a trademark application is refused solely because it resembles an earlier registered mark, the applicant may submit a letter of consent from the senior rights holder.
When both parties agree, and the risk of consumer confusion is low, the two similar marks can now coexist. However, there is an important limitation: a consent letter cannot overcome a refusal if the marks are identical and the designated goods or services are also identical.
Considerations for Foreign Applicants Filing South Korean Trademarks
After understanding what types of trademarks can and cannot be registered in South Korea, foreign applicants should also evaluate several jurisdiction-specific factors before entering the application stage. South Korea has a disciplined and highly structured trademark system, and foreign businesses must plan for linguistic, procedural, and strategic requirements unique to this market.
Mandatory Local Agent Requirement
As discussed earlier, foreign applicants must once again be reminded that South Korea enforces a strict local-agent rule for trademark filings. Any applicant without a local address or place of business in Korea must appoint a licensed Korean trademark attorney or patent agent to act as their representative.
Applications filed directly by non-residents are returned without an application number and treated as if they were never submitted. A Power of Attorney is usually required when filing through a representative, and a scanned copy is generally accepted without the need for legalization.
Local Language Version for Filing
Korea applies strict language rules throughout every stage of the trademark process, making linguistic accuracy essential for both filing and prosecution. All submissions, including applications, communications, and office action responses, must be completed in Korean, as it is the only official language accepted.
For foreign-language marks, applicants must provide both a translation and a transliteration. Marks presented in non-Korean scripts, such as Arabic or Chinese, are often examined as design marks, meaning protection applies only to the exact graphic form, not pronunciation or meaning.
When claiming priority, applicants must submit the certified priority document and a full Korean translation within 3 months. Likewise, for Madrid Protocol designations, all responses to provisional refusals must be filed entirely in Korean, even though the initial application was submitted internationally.
Because of these strict and technical language requirements, support from a local Korean trademark agent becomes especially important to avoid procedural errors and ensure smooth prosecution.
Enforcement and Maintenance Considerations
Foreign applicants should be aware of ongoing obligations and enforcement options after securing a trademark in Korea.
For use requirements, while proof of use is not required at filing, ongoing use is critical to maintain registration. A trademark that remains unused for 3 consecutive years becomes vulnerable to non-use cancellation. The Korean Supreme Court mandates genuine commercial use; symbolic or token use is insufficient to maintain rights. Competitors frequently use non-use cancellation actions to challenge marks, so regular use and proper recordkeeping are essential to ensure long-term protection.
Trademark owners can pursue civil remedies such as injunctions, damages, and credit recovery. Infringers may also face criminal liability. Infringement cases are handled through civil or criminal courts, rather than the Patent Court. Owners can also register their trademarks with the Korea Customs Service, which allows authorities to block counterfeit imports and strengthens border enforcement.
According to the 2024 Amendment, if a mark is initially refused due to similarity with an existing registration, applicants may now submit a letter of consent from the senior trademark owner. This allows the coexistence of similar marks when both parties agree, and confusion is unlikely. However, this mechanism does not apply if the marks are identical and cover the same goods or services. This amendment provides foreign applicants with greater flexibility in navigating similarity issues in Korea.
Choosing a Filing Strategy
When filing a trademark in South Korea, applicants can choose between Madrid Protocol applications or direct filing with KIPO, each with its own advantages and considerations. Do note that regardless of the chosen route, all processes in Korea are governed by the Korean authority, not WIPO regulations.
Madrid Protocol Filing (via WIPO): This route allows applicants to file a single international application designating multiple countries, simplifying initial filings. However, it carries certain risks and limitations. If the home application is refused or withdrawn within 5 years (a scenario known as a “central attack”), all dependent Madrid designations, including Korea, are automatically canceled.
Also, goods and services must be selected from WIPO’s standardized lists, which may limit specificity. Even when using the Madrid route, local involvement is required: a Korean agent must respond if KIPO issues a refusal.
Direct Filing with KIPO: Filing directly in Korea provides full flexibility in drafting the goods and services, allowing more tailored and comprehensive protection without dependency on a home application. The main consideration is cost, since applicants targeting multiple countries must file separately in each jurisdiction, which can be more expensive.
Considerations for Foreign Applicants Filing South Korean Trademarks
After understanding what types of trademarks can and cannot be registered in South Korea, foreign applicants should also evaluate several jurisdiction-specific factors before entering the application stage. South Korea has a disciplined and highly structured trademark system, and foreign businesses must plan for linguistic, procedural, and strategic requirements unique to this market.
Mandatory Local Agent Requirement
As discussed earlier, foreign applicants must once again be reminded that South Korea enforces a strict local-agent rule for trademark filings. Any applicant without a local address or place of business in Korea must appoint a licensed Korean trademark attorney or patent agent to act as their representative.
Applications filed directly by non-residents are returned without an application number and treated as if they were never submitted. A Power of Attorney is usually required when filing through a representative, and a scanned copy is generally accepted without the need for legalization.
Local Language Version for Filing
Korea applies strict language rules throughout every stage of the trademark process, making linguistic accuracy essential for both filing and prosecution. All submissions, including applications, communications, and office action responses, must be completed in Korean, as it is the only official language accepted.
For foreign-language marks, applicants must provide both a translation and a transliteration. Marks presented in non-Korean scripts, such as Arabic or Chinese, are often examined as design marks, meaning protection applies only to the exact graphic form, not pronunciation or meaning.
When claiming priority, applicants must submit the certified priority document and a full Korean translation within 3 months. Likewise, for Madrid Protocol designations, all responses to provisional refusals must be filed entirely in Korean, even though the initial application was submitted internationally.
Because of these strict and technical language requirements, support from a local Korean trademark agent becomes especially important to avoid procedural errors and ensure smooth prosecution.
Enforcement and Maintenance Considerations
Foreign applicants should be aware of ongoing obligations and enforcement options after securing a trademark in Korea.
For use requirements, while proof of use is not required at filing, ongoing use is critical to maintain registration. A trademark that remains unused for 3 consecutive years becomes vulnerable to non-use cancellation. The Korean Supreme Court mandates genuine commercial use; symbolic or token use is insufficient to maintain rights. Competitors frequently use non-use cancellation actions to challenge marks, so regular use and proper recordkeeping are essential to ensure long-term protection.
Trademark owners can pursue civil remedies such as injunctions, damages, and credit recovery. Infringers may also face criminal liability. Infringement cases are handled through civil or criminal courts, rather than the Patent Court. Owners can also register their trademarks with the Korea Customs Service, which allows authorities to block counterfeit imports and strengthens border enforcement.
According to the 2024 Amendment, if a mark is initially refused due to similarity with an existing registration, applicants may now submit
a letter of consent from the senior trademark owner. This allows the coexistence of similar marks when both parties agree, and confusion is unlikely. However, this mechanism does not apply if the marks are identical and cover the same goods or services. This amendment provides foreign applicants with greater flexibility in navigating similarity issues in Korea.
Choosing a Filing Strategy
When filing a trademark in South Korea, applicants can choose between Madrid Protocol applications or direct filing with KIPO, each with its own advantages and considerations. Do note that regardless of the chosen route, all processes in Korea are governed by the Korean authority, not WIPO regulations.
Madrid Protocol Filing (via WIPO): This route allows applicants to file a single international application designating multiple countries, simplifying initial filings. However, it carries certain risks and limitations. If the home application is refused or withdrawn within 5 years (a scenario known as a “central attack”), all dependent Madrid designations, including Korea, are automatically canceled.
Also, goods and services must be selected from WIPO’s standardized lists, which may limit specificity. Even when using the Madrid route, local involvement is required: a Korean agent must respond if KIPO issues a refusal.
Direct Filing with KIPO: Filing directly in Korea provides full flexibility in drafting the goods and services, allowing more tailored and comprehensive protection without dependency on a home application. The main consideration is cost, since applicants targeting multiple countries must file separately in each jurisdiction, which can be more expensive.
Application Process for Filing Trademark of Korea
Application Process for Filing Trademark of Korea
The process for registering a trademark in South Korea is governed by the Trademark Act and proceeds through several defined stages, from pre-filing analysis to post-registration maintenance. Below is a clear walkthrough of each phase:
Pre-filing Consideration
Conducting a comprehensive clearance search is strongly recommended prior to the actual application process. Using KIPRIS (Korea Intellectual Property Rights Information Service), a free public database, applicants can review existing trademarks, monitor similar marks, and assess registrability. This step helps avoid conflicts with prior filings, anticipate potential objections, and ensure the proposed mark is sufficiently distinctive.
At the same time, applicants must designate the correct Nice Classification classes covering their goods or services. Korea permits multi-class applications, though each additional class requires a separate official fee. The mark itself may take various forms, including words, logos, or other eligible signs.
Filing the Application (Online/Paper)
Once the pre-filing analysis is done, the trademark application can be submitted to KIPO. Applications may be filed online via KIPO’s electronic system or on paper. All materials must be in Korean, as submissions in other languages will be returned and treated as if never filed. A complete application typically includes:
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Applicant information: Name and address
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Trademark representation: Clear depiction of the mark
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Goods/services list: Relevant Nice Classes
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Filing details: Filing date and any priority claim
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Trademark specimens: Usually 10 copies, 8 cm × 8 cm or smaller
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Power of Attorney: Required if filed by a representative
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Filing fee receipt
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Priority documents: Submitted within 3 months with a Korean translation
Formal Examination/Substantive Examination
Once a trademark application is filed, KIPO processes it through two examination stages: Formal and Substantive. KIPO first checks that the application meets all procedural and administrative requirements. Missing documents, unpaid fees, or incomplete information will trigger a notice of amendment. Applicants must correct deficiencies within the given deadline, or the application may be nullified.
If the application passes formal checks, it proceeds to substantive examination. The examiner evaluates: conflicts with prior registered marks or earlier-filed applications, distinctiveness and compliance with absolute refusal grounds, and finally, acceptability of the designated goods/services.
If issues arise, the examiner issues a provisional refusal (office action). Applicants can respond with arguments, amendments, or evidence of acquired distinctiveness. Failure to address objections results in a final rejection.
Publication and Opposition
Successful applications are published in the Trademark Gazette. Third parties may file an opposition within:
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2 months for applications filed before July 22, 2025
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30 days for applications filed on or after July 22, 2025
Opposition proceedings can last several months to over a year. If no opposition is filed, or if it is successfully overcome, the application proceeds to registration.
Registration, Payment, and Renewal
A straightforward application, without objections or opposition, typically takes 10 to 14 months from filing to registration. Substantive examination alone usually requires around 11 months.
Once allowed, the applicant must pay the registration fee within 2 months of receiving the Notice of Allowance. Approximate official KIPO fees per class are:
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Application Fee (per class): ₩52,000 for electronic filing or ₩62,000 for paper filing (approximately USD 35–42). If more than 10 items are included, an additional ₩2,000 applies for each extra item.
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Additional Class Fee: For each additional category, the fee is the same as for a new application.
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Registration Fee (per class):
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One-time payment: ₩201,000. For orders over 10 items, an additional NT$2,000 applies per extra item.
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Installment payment: ₩122,000 per installment. For orders over 10 items, an additional ₩1,000 applies per extra item.
For the most up-to-date and detailed fee information, please refer to the
official website.
After payment, KIPO issues the registration certificate, formally establishing the trademark right. A trademark in South Korea is valid for 10 years from the registration date. It can be renewed indefinitely in 10-year increments. Renewal applications should be submitted within one year before the expiration date, and an additional six-month grace period is available if a surcharge is paid.
The renewal fee is ₩300,000 for a one-time payment. For orders exceeding 10 items, an additional ₩2,000 applies for each extra item. If you choose installment payments, each installment is ₩184,000, with an additional ₩1,000 for every item beyond the first 10.
FAQs
Do I need a local representative or attorney to file a trademark in Korea?
Yes. Foreign applicants without a Korean address must appoint a local trademark attorney or patent agent. KIPO will return filings submitted directly by non-residents, so local representation is mandatory for all prosecution matters.
Can I file through the Madrid Protocol instead of applying directly in Korea?
Yes. Korea accepts Madrid designations. However, refusals still require a Korean attorney to respond, and the international application remains dependent on your home mark for 5 years. Direct filing offers more flexibility in specifying goods and services.
What documents and information are required to file a trademark application?
You need applicant details, the trademark specimen, designated goods and Nice classes, priority information, a Power of Attorney for foreign applicants, fee payment, and any priority documents with Korean translations submitted within three months of filing.
How long does the trademark registration process take in Korea?
A smooth case typically takes 10 to 14 months from filing to registration. The substantive examination often takes around 11 months, and oppositions or office actions can lengthen the overall timeline.
What are the official fees for filing and registration?
Once an application is allowed, the applicant must pay the registration fee within 2 months of receiving the Notice of Allowance. The approximate official KIPO fees per class are as follows: the application fee is ₩52,000 for electronic filing or ₩62,000 for paper filing (approximately USD 35–42), with an additional ₩2,000 for each item beyond 10.
For each additional category, the fee is the same as for a new application. The registration fee per class is ₩201,000 for a one-time payment, with an additional ₩2,000 for orders over 10 items, or ₩122,000 per installment, with an additional ₩1,000 for every item beyond the first 10.
Do I need to use the trademark after registering a trademark in Korea?
Yes. If the trademark is not used for 3 consecutive years after registration, it becomes vulnerable to non-use cancellation. Korea requires genuine commercial use, not token or symbolic use, to maintain trademark rights.
Need Help Registering Korean Trademarks? Contact WPTO Now
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From electronics to biotech, our specialists have secured countless registrations, combining deep industry knowledge with mastery of Korean laws, procedures, and language requirements. Your intellectual property deserves expert care, and that’s exactly what we deliver.
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