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Trademark Filing, Registration and Trademark Rights in Republic of Korea – Eureka Patent Law Office

by 유레카 특허법률사무소2025.01.31조회수 34

Table of Contents

1. What is The right of priority ?
2. The Necessity of Trademark Registration
3. Territorial principle and First-to-File Rule
4. Trademark Registration Requirements
5. Trademark Registration Process
6. Effects of Trademark Rights
7. Reasons to File and Register Trademarks with Eureka Patent Law Firm

1. What is The right of priority?

The right of priority can be claimed in a trademark application by an applicant whose country of origin is a member of the Paris Convention, or under a bilateral agreement between the two relevant governments, or on a reciprocal basis.

By claiming priority under an international treaty, an applicant can enjoy the benefit of an earlier filing date for their Korean application.

To exercise the right of priority, the application must be filed in the Republic of Korea within six months from the filing date of the priority application.

Additionally, the priority document must be submitted to the Korean Intellectual Property Office (KIPO) within three months from the filing date of the Korean application.

2. The Necessity of Trademark Registration

① Legal Protection

Without trademark registration in the Republic of Korea, others may register and use an identical or similar trademark first. Registration ensures exclusive rights to the trademark and prevents unauthorized use or imitation.

② Building Brand Trust

Trademark registration is essential for establishing trust with Korean consumers. A registered trademark signals that the brand is official and trustworthy.

③ Dispute Prevention

In case of trademark disputes in the Korean market, a registered trademark serves as strong legal evidence to resolve conflicts in favor of the owner.

④ Business Expansion and Licensing

A registered trademark opens opportunities for franchising, licensing, and partnerships within the Republic of Korea, significantly aiding business growth and revenue generation.

3. Territorial principle and First-to-File Rule

Territorial principle

Trademark rights are territorial in nature, meaning they exist independently in each country. Registration of a trademark in a foreign jurisdiction does not automatically confer protection in the Republic of Korea.
To secure exclusive trademark rights in the Republic of Korea, a separate trademark application must be filed with the Korean Intellectual Property Office (KIPO).
Without domestic registration, a trademark may not be legally enforceable within the Republic of Korea.

First-to-File Rule

The Republic of Korea follows a first-to-file system, meaning that trademark rights are granted to the first applicant to file, regardless of prior use.
Even if a trademark has been in use, legal ownership may still be granted to the party that registers it first.
Therefore, prompt filing is crucial to prevent third parties from securing rights to the trademark and to ensure full legal protection.

4. Trademark Registration Requirements

① Distinctiveness

A trademark must have distinctiveness to identify and distinguish the source of goods or services.
Generic terms, descriptive expressions, or simple geometric shapes typically lack distinctiveness and may not be registrable.

② Free from Prior Identical Trademarks

If an identical trademark has already been filed or registered, a new application cannot be accepted. Early filing is essential due to Korea's first-to-file system.

③ Free from Prior Similar Trademarks

Even if not identical, a trademark may be refused if a similar one has already been filed or registered for related goods/services. Similarity is judged based on the likelihood of consumer confusion.

5. Trademark Registration Process

① Appointment of a Representative

Foreign applicants must appoint a local representative (patent attorney) with an address in Korea to handle the trademark application process on their behalf.

② Preparation of the Application

The application must include:
- A specimen of the trademark,
- A list of goods and services classified under the Nice Classification system,
- The applicant's information.

③ Submission of the Application

The completed application is submitted online to the Korean Intellectual Property Office (KIPO).
Required documents must accompany the application, and a filing number is assigned upon submission.

④ Payment of Application Fees
Applicants must pay the required application fees, which vary depending on the number of trademarks and classifications. Once the fees are confirmed, the application is officially filed.

⑤ Examination
KIPO examines the trademark to determine its registrability, reviewing factors such as distinctiveness and similarity to existing trademarks.
During this process, KIPO may request amendments or additional information

⑥ Publication for Opposition
If the trademark passes the initial examination, it is published in the Official Gazette for a two-month opposition period, allowing third parties to file objections.

⑦ Registration and Certificate Issuance
If no oppositions are filed (or if they are resolved), a decision for registration is issued.
The registration fee must be paid to finalize the trademark registration.
Once registered, the trademark is protected for 10 years.

6. Effects of Trademark Rights

① Exclusive Usage Rights

The registered trademark grants the owner exclusive rights to use it, preventing others from using identical or similar trademarks.

② Legal Protection

A registered trademark is legally protected, allowing the owner to take legal action to prevent trademark infringement.

③ Increased Brand Value

A registered trademark enhances brand trust and creates a distinctive image in the market.

④ Business Expansion Opportunities

Trademarks enable opportunities for business expansion through licensing agreements or franchising, providing a foundation for collaborations with other companies.

7. Reasons to File and Register Trademarks with Eureka Patent Law Firm

★ Reasonable Costs and Time.

＄ Filing Fees (Per Class)
USD 300 (Service fees: USD 250; Official fees: USD 50 )
For multiple-class applications, we charge USD 200 (service fees: USD 150; official fees: USD 50) for each additional class.

＄ Registration Fees (Per Class)

USD 300 (Service Fees: USD 100; Official Fees: USD 200
If the trademark application proceeds smoothly to registration without an office action, the total fees for a one-class application will be USD 600.

∴ Trademark Time frame
• Examination Period : Typically 15 to 18 months (assuming no objections or oppositions).
• Accelerated Examination : Reduces the timeline to 4 to 6 months (additional USD 250).

◈ Trademark Registration Examples.

Over 14,000 Trademark Applications Filed!

Eureka Patent & Law Office – Your Trusted Partner in Trademark Protection

At Eureka Patent & Law Office, we specialize in securing and protecting intellectual property with unmatched expertise. With over 3,000 trademark applications filed annually, our firm stands as a leader in trademark strategy, registration, and enforcement.

♦ Unrivaled Expertise – Extensive experience handling thousands of trademark filings each year.
♦ Comprehensive Trademark Solutions – From application to enforcement, we ensure your brand is fully protected.
♦ Global Reach – Expert support for domestic and international trademark registrations.
♦ Client-Centered Service – Customized legal strategies tailored to your business needs.