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| HOME > RESOURCES > FAQS |
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What is registrable?
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Distinctive word marks, devices, signs, and combinations thereof with or without color limitations are registrable. Three-dimensional shapes can, per se, also be registered as of March 1, 1998 and color marks, holograms, motion marks, and other visually recognizable marks will become candidates for trademark registration as of July 1, 2007.;
however, sound and smell are not registrable. Service marks can also be registered.
The following marks are deemed unregistrable according to the Korean Trademark Act:
a) generic term;
b) customarily used mark;
c) term which merely describes origin, quality, material, benefit, use, quantity, form, price, production method, process method, or usage of the designated goods or services;
d) famous geographical name, its abbreviated form or a map;
e) ordinary surname; and
f) ordinary sign와 simple and commonplace sign
Even though a mark is prima facie unregistrable, a mark which has acquired distinctiveness through substantial use in the marketplace may be registrable for the above c), d), e) and f). |
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What information must be provided before filing?
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When filing a trademark application with the Korean Intellectual Property Office, an applicant must provide one specimen of the mark unless the mark can be represented in plain block capital letters, full details of the applicant (name, address and nationality), a list of identification of goods/services to be covered, and a power of attorney appointing a Korean trademark attorney simply signed by the applicant. The power of attorney may be submitted after the filing date.
A foreign applicant must file a trademark application only through a Korean trademark attorney. Non-Korean documents must be translated into Korean. |
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Can a trademark be registered for retail and like services?
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As of January 1, a trademark may be registered for wholesale and retail businesses provided that it is specified as to who the businesses are aimed for. |
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How are domain names protected?
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Domain names are protected by the Unfair Competition Prevention Act and a registration with the National Internat Development Agency(NIDA). New domain name dispute mediation rules, similar to the UDRP, were introduced for resolution of disputes regarding the .kr domain names as of the year 2004. |
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Should a trademark be searched before filing?
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It is not compulsory, but a trademark availability search is recommended before filing in order to secure possibility of registration of the trademark. Applications are officially searched as to prior marks through the examination proceedings by the examiner. HANYANG International performs trademark availability searches on its own trademark search database and KIPRIS. |
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Is local registration the only option, or are there international alternatives?
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As of April 10, 2003, that is, since Korea joined the Madrid protocol, registrations in Korea became possible by designating Korea through international filings. Foreign applicants must be careful not to confuse Republic of Korea with Democratic People's Republic of Korea as the latter stands for North Korea.
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What are the advantages of filing a single class application versus a multiple class application?
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A multiple class application covering goods or services in more than one class (effective as of March 1, 1998) allows feasible maintenance of a trademark. However, if a refusal is issued for one class or classes, prosecution of the application may become complicated and prolonged. A divisional application will have to filed in order to divide out the portion(s) which is/are not refused to keep said portion(s) alive, at an additional charge. Thus, an applicant may prefer to file single class applications for certain marks. |
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Is it possible to take advantage of a home application or registration?
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If an applicant's home country is a member of the Paris Convention, and provided its home application has been filed within the six months preceding a Korean application, the filing date of the home application can be claimed as the filing date in Korea. |
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Must a trademark be used after registration, and what happens if a trademark is not used?
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A mark must be used within three years of the registration date. If not, the registration becomes susceptible to cancellation for nonuse. However, late use after the three-year term may restore registration, provided that in the interim no third party has filed an action for cancellation for nonuse. |
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Is using a variation of the trademark allowable?
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If the difference is slight and does not alter the substance of the registration, use of the different form would not affect the enforceability of the registration. However, if the difference is significant, a new application may be necessary. |
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