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Korean Trademark Registration Requirements

Updated:2018-4-12 16:00:34    Source:www.tannet-group.comViews:296

Korean trademark registration requirements must be abide by those who want to register a trademark in Korea. Trademarks are protected in the Republic of Korea under the Trademark Act; and for such protection, marks should be registered with the Korean Intellectual Property Office (KIPO). Below are some of the requirements collected by Tannet for your reference.

Requirements for trademark registration in Korea
1. Requirements on applicant
Any person (legal equity, individual, joint manager) who uses or intends to use a trademark in the Republic of Korea may obtain registration of his/her trademark.

All Koreans (including legal equity) are eligible to own trademark rights. The eligibility of foreigners is subject to treaty and the principle of reciprocity.

Although the Korean Trademark Act has adopted a registration system, the applicant should have a bona fide intent to use his/her trademark in the Republic of Korea. Nonetheless, trademarks which are not used must also be registered. Such trademarks, however, will be subject to cancellation if they remain unused for three or more consecutive years after their registration.

2. Requirements on goods/services (Nice Classification)
A person who desires to file a trademark application must designate the goods/services for which the trademark is to be used in accordance with the Nice Classification of Goods or Services for the Purpose of Registration of Marks. The Republic of Korea adopted the Nice Classification on March 1, 1998.

A trademark application may be filed for the registration of a trademark for goods which fall under several classes in accordance with the Nice Classification. In this case, the applicant must pay additional fees for each classification.

3. Required Materials
For a trademark application, the following documents should be submitted to KIPO:

(a) an application stating the following: the name and address of the applicant; the trademark; the designated goods and class thereof; the date of submission; and the country and filing date of the priority application, if the right of priority is claimed;
(b) 10 specimens of the trademark (8cm x 8cm or smaller in size);
(c) the priority document if the right of priority is claimed; and
(d) a power of attorney, if necessary.

Only document (a) must be submitted at the time of filing the trademark application. The name of an executive officer of the applicant may be added later on the applicant's own initiative or in response to a notice of amendment issued from KIPO.

If the applicant fails to submit specimens of the trademark or power of attorney at the time of filing the trademark application, KIPO will issue a notice of amendment with a designated time limit to the applicant. The priority document must be submitted within 3 months from the filing date of the trademark application in the Republic of Korea. This time limit cannot be extended.

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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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