TRADEMARK APPLICATION FILING IN
Democratic People's Republic of Korea

The Republic of Korea has a strong presence in Intellectual Property Rights because of constant improvement of laws and systems for stronger and more effective protection of Intellectual Property rights. The Korean Intellectual Property Office (KIPO) is in charge of all Intellectual Property matters and related concerns in the territory of Korea. KIPO monitors the appropriate operation and adherence to regulations designed to create a robust Intellectual Property framework for trademark protection. The Republic of Korea operates on a first-to-file basis when it comes to trademark registrations, and all trademarks must comply with the Korean Trademark Act. 

The trademark registration before the Korean Intellectual Property Office (KIPO) can either be filed through the online portal or via offline mode.

Multi-class applications are allowed by the Korean Intellectual Property Office (KIPO).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*A scanned copy of POA;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation in Korean within three months of the filing.

The process of registering a trademark in Korea begins with the submission of the application before the Korean Intellectual Property Office (KIPO). Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the KIPO will notify the applicant and provide a 30 days to reply to the issued office action/examination report. The applicant has thirty days from the date of the decision to file an appeal with the Intellectual Property Trial and Appeal Board if their application is denied. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Korean Trademark Journal, initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. Within the first thirty days, the concise grounds of opposition must be submitted, and within the next thirty days, it may be amended. The applicant will receive the notice, and the collegial body will assess the admissibility. The applicant is required to submit the counter-reply within the specified time. The collegial body will then make a decision on whether to accept or reject the application.

A trademark registration in the Republic of Korea is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with surcharge.

A registered trademark must be actively used within three years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in the Republic of Korea takes nine-twelve months in straightforward cases.

The Republic of Korea performs functions under a well-established Intellectual Property mechanism to ensure a strong shield for trademark holders. The Republic of Korea has positioned itself in 6th place amongst 133 economies in the Global Innovation Index, 2024. According to the Global Innovation Index reports, Korea is outperforming expectations in the level of development and has become an innovation leader amongst the top 25 economies. The Republic of Korea has marked its presence by being in the 5th position in Asia, and also an increase of 3% was observed in the Madrid International Trademark Applications. As per 2023 WIPO data, approx. 1,655,716 trademark applications are in force in Korean territory.