CHANG TSI
Insights
In South Korea, trademarks are important intangible assets of enterprises, bearing brand value, credibility and market competitiveness. As markets evolve and competition intensifies, maintaining continuous trademark protection has become critical for enterprises to safeguard their brand rights. Based on the official regulations of the Korean Intellectual Property Office (KIPO), this article details the renewal process, key considerations and coping strategies for South Korean trademarks, helping enterprises efficiently complete their trademark renewal procedures.
The term of a trademark right commences at the time of registration and ends after ten (10) years. However, the term may be extended every ten (10) years through a renewal application. As long as the trademark is in use, the right is considered semi-permanent.
According to the supplementary provisions of the Korean Trademark Act, the validity period of a registered South Korean trademark is calculated from the date of registration and lasts for 10 years, consistent with the above provision. Upon approval of a renewal application, the validity period is extended for another 10 years. Provided the trademark is continuously used, there is no explicit limit on the number of renewals, further confirming the semi-permanent nature of the trademark right. This system provides a solid legal guarantee for enterprises to build long-term brand presence and stabilize their market position in South Korea, allowing them to continuously accumulate brand value based on their trademarks.
To renew a registered trademark, the applicant must file a renewal application within one year before the expiration date. If the term has expired, the applicant may still file within six (6) months after the expiration date, provided that the required late fee is paid.
In line with the above regulations, the submission timeline for South Korean trademark renewal is divided into the core application period and the grace period, both clearly defined by KIPO. Enterprises may plan accordingly based on their own circumstances:
1. Core Application Period: The 12 months before the trademark expires. This is the official renewal filing window. The trademark holder must submit the renewal application to KIPO within this period without paying any additional fees. To avoid delays due to document preparation or procedural review, it is recommended that enterprises start the renewal preparation as early as possible, allowing sufficient processing time.
2. Grace Period: The 6 months after the trademark expires. If the core application period is missed, the trademark holder may still submit a renewal application during this period, but must pay the required late fee as stipulated by KIPO. The grace period is a buffer mechanism provided by KIPO for cases of temporary oversight. It is not recommended as a regular filing window.
If the trademark holder fails to submit the renewal application within the core application period, the primary remedy is to complete the application and pay the late fee within the above-mentioned 6-month grace period. Once completed, the trademark right is restored to normal, and the protection period is recalculated from the day after the original expiration date.
However, if the renewal application is still not submitted after the grace period, then according to the Korean Trademark Act, the trademark right will be formally extinguished. The trademark will be cancelled by KIPO and will no longer receive legal protection. At that point, if an enterprise wishes to continue obtaining protection for that trademark in South Korea, it must file a new trademark registration application with KIPO. This not only involves a longer processing time and higher registration costs, but also carries the risk of the trademark being squatted by others, resulting in the loss of exclusive brand rights in the South Korean market.
Therefore, trademark holders must accurately track the expiration date of their trademarks and plan for renewal in advance. If the core application period is missed due to oversight, they should complete the renewal as soon as possible within the grace period to minimize any harm to their brand rights.
To proceed with the renewal of subject trademark registration in Korea, a color scanned copy of executed power of attorney is required.
The fee for South Korean trademark renewal is calculated based on the classes of goods/services designated under the trademark. The core fee is the basic renewal fee, and applications filed during the grace period require an additional late fee. The specific fee structure is as follows:
1. Basic Renewal Fee: For a single-class trademark, the basic renewal fee is 300,000 KRW (approximately 1,388 RMB, subject to exchange rate fluctuations). Taxes shall be charged additionally. If the number of goods/services in any class covered by a trademark registration exceeds 10 items, a surcharge of 2,000 KRW per excess item will be added to the official fee for the 10-year renewal. If the trademark covers multiple classes, an additional fee per extra class shall be paid according to KIPO’s schedule.
2. Grace Period Fee: When applying for renewal within the 6-month grace period after expiration, the trademark holder must pay the late fee specified by KIPO in addition to the basic renewal fee. The renewal basic fee in grace period is 330,000 KRW per class. An additional fee of 2,000 KRW shall be charged for each designated good exceeding 10 items per class.
Since trademark fees may change with adjustments to South Korea’s intellectual property policies, it is recommended that trademark holders obtain the most current and accurate renewal fee information through the official KIPO website or a reputable professional IP agency, and prepare the required fees in advance to avoid affecting the renewal process.
Upon submission of a trademark renewal application in Korea, approval is generally granted within approximately one month. The renewal certificates are not issued in Korea, and the electronic register entry serves as proof that the renewal has been completed.
Under the Korean Trademark Act, the assignment of trademark rights changes only the holder of the right; the content of the trademark right itself remains unchanged. Renewal is a continuing right application for the trademark. The two processes can be carried out simultaneously without deliberately waiting for the assignment/change procedures to be completed. Depending on the stage of processing, the requirements for the renewal applicant are clear:
1. While Assignment/Change Procedures Are Pending: If the filing for trademark assignment or change of name has not yet been completed, the enterprise may choose to file the renewal application in the name of the original trademark owner, or file the assignment/change and renewal applications together for KIPO’s joint examination. In some cases, after confirmation with KIPO, the renewal application may be filed directly in the name of the assignee/new right holder. Specific details can be discussed with a professional agency based on the actual situation.
2. After Assignment/Change Procedures Are Completed: If the trademark right holder has been officially changed, the renewal application must be filed in the name of the new trademark owner, and the approval certificate for the trademark assignment/change must be provided to KIPO to ensure that the applicant matches the trademark right holder.
In any case, if there is any doubt regarding the applicant or document requirements, it is advisable to promptly communicate and confirm with KIPO or a professional IP agency, and supplement relevant supporting materials if necessary, to ensure that the renewal application meets KIPO’s examination standards.
For trademarks registered before March 1, 1998 under South Korea’s old goods classification system, KIPO requires the right holder to complete reclassification filing of the designated goods according to the Nice Classification. This reclassification application can be filed together with the trademark renewal application, without separate handling. The filing timeline is the same as for renewal: it must be filed within 12 months before the expiration of the trademark’s validity period, and may be filed no later than 6 months after the expiration date.
If the right holder fails to complete the goods reclassification registration within the above period, the trademark right for the goods subject to reclassification will be extinguished upon expiration and cannot be restored through renewal. Enterprises must pay special attention to this requirement.
In summary, the core of South Korean trademark renewal lies in accurately observing the deadlines and preparing documents in a standardized manner. Enterprises should attach importance to trademark renewal, choose professional service channels according to their own needs, and let trademarks, as core intangible assets, become an important support for their sustainable development in the South Korean market.
