Legal Framework and Competent Authority

The legal basis for South Korea's trademark system is the Korean Trademark Act (hereinafter referred to as the "Trademark Act"). First enacted in 1949, the Trademark Act has undergone multiple revisions to adapt to changes in domestic and international economic environments.
The competent authority is the Korean Intellectual Property Office (KIPO), which is responsible for handling trademark applications, examinations, registrations, renewals, oppositions, and cancellations. Additionally, KIPO provides trademark-related consultation services and manages the trademark database.

International Treaties Joined

South Korea is a contracting party to international intellectual property treaties such as the Paris Convention, Trademark Law Treaty, and WIPO Convention. It is also a member of the Madrid Protocol, allowing trademark registration to be processed through either "national registration" or "Madrid International Registration."

Principles of Trademark Protection

Registration Principle

Trademark protection in South Korea is based on registration. Only trademarks approved and registered by KIPO are entitled to legal protection. Unregistered trademarks generally do not enjoy legal protection unless they are recognized as well-known trademarks.

First-to-File Principle

South Korea adopts the first-to-file principle, meaning that trademark rights are granted to the applicant who submits the earliest registration application. This principle ensures fairness in the trademark application process and avoids conflicts over trademark rights.
Trademark Classes and Scope of Protection
Currently, South Korea adopts the 11th edition of the Nice Classification for goods and services descriptions and accepts multi-class applications in a single filing. Elements that can be registered as trademarks in South Korea include words, names, graphics, color combinations, slogans, sounds, and scents.

Required Information and Documents for Trademark Registration

If the applicant does not reside in South Korea, they must appoint a local agent to handle the application. The basic materials required for trademark registration include:

• Trademark representation;
• Specific class and goods/services items;
• Applicant’s name and address;
• Power of attorney;
• If claiming priority, priority documents and their Korean translations must be provided.

Trademark Application Process and Timeline

The main process for registering a trademark in South Korea is: Application → Acceptance → Examination → Publication → Approval → Issuance.
The detailed steps are as follows:

• Submission of Application: The applicant submits the trademark application to KIPO;
• Formality Examination: KIPO checks the completeness of the application documents;
• Substantive Examination: Examination of whether the trademark meets registration conditions, such as distinctiveness and non-conflict with existing trademarks;
• Publication Period: Trademarks that pass the examination are published in the Trademark Gazette for a 2-month opposition period during which any third party may file an opposition;
• Registration Approval: If there are no oppositions or if oppositions are dismissed, the trademark will be approved for registration, and a trademark registration certificate will be issued.

The entire trademark registration process typically takes 12-14 months to complete, with the timeline potentially extended due to the complexity of the examination or opposition.

Trademark Protection Period and Renewal

The protection period for a registered trademark in South Korea is 10 years. Upon expiration, the trademark can be renewed for successive periods of 10 years each time. Renewal applications can be submitted within 12 months before the trademark expires, with a grace period of 6 months after expiration. If the trademark is not renewed within the grace period, it will lapse and cannot be restored.

Non-Use Cancellation System

According to the Korean Trademark Act, if a registered trademark has not been actually used in South Korea for a continuous period of 3 years, any third party may apply to KIPO for cancellation of the trademark registration.