Trademark

1. Requirements for Filing Application

  • Name, address and nationality of the applicant(s);
  • Specimen of mark;
  • International class(es) and designated goods(servies);
  • Power of Attorney simply signed by the applicant;
  • Priority document if priority is claimed.

2 . How to register

(1) Definition

According to the Korean Trademark Law, a trademark is defined as a sign, a character, a figure, a three-dimensional shape or any combination thereof, or a combination of colors with any of the above items

(2) Unregistrable Trademarks

Trademarks failing under the absolute grounds for rejection which are non-distinctive in connection with the designated goods(services) such as generic names, descriptive mark, etc.

Trademarks failing under the relative grounds for rejection, namely marks which are liable to mislead or deceive the consumers as to the quality of the goods(services), marks which are identical with or similar to another person’s registered mark used on identical or similar goods(services).

(3) First-to-File Rule

Please make a reference to that of PATENT

3. Overview of Procedure

(1) Examination

All pending trademark applications are substantially examined in the order of their filing dates.

(2) Publication and Opposition

If the examiner finds no ground for rejection of a trademark application, or he considers that the rejection has been overcome by the applicant’s response (argument and/or amendment), he shall render a decision to publish the trademark application.

When an application is published, any person may lodge an apposition to a trademark registration within two months from the publication date of the application.

(3) Registration

Where the applicant receives a notice of the Examiner’s decision to grant a registration, he shall pay the registration fee in lump sum within two months from the date of receipt of such notice. Extension of the time limit is allowed but there is no grace period.

(4) Term of Trademark Rights

It is ten years from the registration date but can be continuously renewed every ten years between one year before and six months after the expiration date.