- Asian
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Related regulations
The registration system in South Korea began in 1882, making it the third country and region in the world to implement a registration system after the United States and Japan.
After nearly 100 years of development, South Korea's registration system has become increasingly popular and has become one of the compared registration systems among countries around the world. At present, South Korea's laws are divided into the "Classification of Goods and Services" and the "International Classification", among which the "Classification of Goods and Services" includes 45 categories. The International Classification includes 38 categories. Those registered in both sub tables are protected by law. In addition, the Paris Convention for the Protection of Industrial Property, the Bern Convention for the Protection of Literary and Artistic Works, and relevant treaties of the World Intellectual Property Organization are also binding on South Korea's laws. -
official language
Korean
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Applicable types
The types of trademarks that can be applied for in Korea include: symbols, characters, graphics, three-dimensional shapes or any combination thereof, single colors or color combinations, holograms, animations, sounds, odors, and all types of visually recognizable marks.
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Applicant Qualifications
Anyone who uses or intends to use a trademark in Korea can apply for registration; Foreigners or companies that do not have a residence or business address in South Korea can apply for trademark registration as long as their country of residence is a party to relevant agreements or treaties with South Korea or to relevant international conventions with South Korea.
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Duration
The registration validity period of a Korean trademark is ten years, calculated from the date of registration approval. Renewal applications can be submitted within six months before the expiration of the deadline, and after the expiration, a six-month extension grace period can still be enjoyed. The validity period after each renewal is ten years.
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Design points
1. Trademark design must have originality and innovation. Especially for popular Korean clothing brands, in order to succeed in the Korean market, on the one hand, trademark design needs to meet the requirements of trademark uniqueness and avoid similarity; On the other hand, it must be creative and able to quickly capture the attention of consumers.
2. The trademark name has uniqueness. The trademark name should avoid linking with product functions and should not use descriptive text.
3. The design of the trademark should be consistent with the theme of the product. The design of a trademark should highlight the theme and have a reasonable layout, so that consumers can recognize the type of goods to which the trademark belongs at a glance. -
Registration principle
Korean trademark registration follows the principle of prior application, which means that if two or more trademark registration applicants apply for the same or similar trademark registration on the same or similar goods, a preliminary examination and announcement should be conducted on the trademark application submitted first; If an application is filed on the same day, a preliminary examination and announcement shall be made for the registration application that first uses the trademark, and other applications shall be rejected.
South Korea joined the Madrid Agreement on the International Registration of Marks on April 10, 2003, becoming one of its member countries.
Therefore, there are two ways to register Korean trademarks: one is to apply to the Korean Patent Office, and the other is to register a Madrid International Trademark, which designates Korea through the registration of a Madrid International Trademark.
The main function of a trademark in Korea is to distinguish the source of goods or services. Therefore, when registering a trademark in Korea, the first step is to determine the category of goods or services to be applied for. Different categories of goods or services cover different product or service contents. If there are too many product categories to apply for registration, it will increase the registration cost and time. However, if there are not many choices, it will make the registration cycle longer.
The categories of registered trademarks in Korea are as follows:
1. Up to 10 categories can be registered simultaneously;
2. Submit 1-8 categories of trademark designs as application attachments during registration;
3. If it is entrusted to an agency for handling, a power of attorney issued by the agency is required;
4. If the applicant personally handles the application, they can choose any 5 categories as the application categories.
Note: According to the Korean Trademark Law, a trademark can only be applied for in one category.
1. Search for trademarks to ensure the success rate of trademark registration in Korea;
2. Check if there are any identical or similar trademarks, and if any are found, raise objections;
3. If the registration fails, the materials can be submitted to the Trademark Office for rejection review.
Korean trademark registration can be directly applied to the Korean Intellectual Property Office or processed through a commissioned agency, but a power of attorney must be provided to the agency before processing. When submitting an application, relevant materials such as the application form, trademark design, and applicant's identification documents need to be submitted.
Korean trademark registration requires payment of official fees, and a trademark acceptance notice will be issued after payment. The registration time is approximately one month.
The above is the process and required materials for registering a trademark in South Korea. As South Korea is an economically developed country, companies can choose to register their own trademarks in South Korea, which can save time and energy. If you want to register a trademark in Korea, you can find a professional agency to act as your agent.
After successful trademark registration in South Korea, the applicant can stamp their trademark registration seal on the trademark registration certificate. After a successful trademark registration in South Korea, the trademark applicant needs to pay a certain fee in order to protect the rights of the trademark. In addition, if a trademark needs to be renewed, a certain renewal fee needs to be paid.
1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;
2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;
3. Trademark design and goods or services;
4. Power of Attorney signed by the applicant
5. If priority is requested, a priority proof document must be submitted within 3 months from the date of application.
