As part of our global trademark registration series, we turn to South Korea—one of Asia's most innovation-driven economies and a top destination for foreign brands.
This post breaks down the essentials of registering a trademark in South Korea, including the first-to-file system, application timelines, official fees, the opposition process, and recent legal developments.
How to Register a Trademark in South Korea
South Korea is a member of the Madrid Protocol and has streamlined many of its trademark registration procedures in recent years. But despite being treaty-compliant and WIPO-aligned, it maintains several country-specific nuances that international applicants must understand to avoid costly setbacks.
South Korea has a sophisticated and fast-moving IP system with its own procedural rules and enforcement culture. Whether you're filing directly with the Korean Intellectual Property Office (KIPO) or through the Madrid Protocol, success requires a tailored, Korea-specific strategy.
First-to-File in South Korea: Why Speed Matters
South Korea operates under a strict first-to-file trademark system. Whoever files first generally has superior rights, regardless of who used the mark first. Although bad-faith filings can be challenged, the burden of proof is on the prior user.
Unregistered marks enjoy very limited protection—primarily through unfair competition claims or cancellation actions for bad faith. Early filing is critical.
What Can Be Registered as a Trademark in South Korea?
According to the Korean Trademark Act, the following can be registered:
- Words, letters, numerals
- Stylized logos
- Shapes, colors, and three-dimensional marks
- Sounds and holograms
- Slogans and combinations of the above
To qualify, the mark must be capable of distinguishing your goods or services from others.
What Cannot Be Registered as a Trademark in South Korea?
Your trademark application may be rejected if the mark:
- Describes the goods/services too literally
- Lacks distinctiveness
- Conflicts with well-known or previously registered marks
- Is contrary to public order or morality
- Incorporates national flags, government insignia, or religious symbols
- Is likely to mislead consumers
South Korea also prohibits registering geographic terms and common surnames unless distinctiveness has been acquired through use.
Multi-Class South Korea Trademark Applications
Like many jurisdictions, South Korea allows multi-class trademark applications. Each class adds to the cost, but a single application can cover multiple categories of goods or services.
Recent Developments in South Korean Trademark Law
- Bad-Faith Filings Scrutinized: KIPO continues to enhance scrutiny of suspected bad-faith applications. While a new Trademark Coexistence Agreement System (effective May 1, 2024) allows for negotiated registration of similar marks, KIPO remains vigilant—especially in high-volume sectors like e-commerce and cosmetics.
- Faster Examination: A revised expedited examination system allows approvals in as little as 2–3 months for urgent filings, especially those tied to product launches or customs recordation.
- Use Requirements Strengthened: The Korean Supreme Court clarified that "token" use is insufficient to preserve rights, reinforcing the need for genuine commercial use post-registration.
The South Korean Trademark Application Process
- Trademark Clearance Search
Before filing, conduct a comprehensive search for identical or similar marks. KIPO does not automatically reject on relative grounds unless a conflict is raised by third parties.
- Filing the Trademark Application
Submit your application online via KIPO or through the Madrid Protocol. You'll need:- Applicant details
- A clear image or description of the mark
- Classification of goods/services
- Payment of official fees
- Formal Trademark Examination
KIPO examines for formalities and absolute grounds.
- Publication and Opposition
Accepted applications are published for a 1-month (30-day) opposition period. Third parties may file oppositions based on earlier rights or other legal grounds.
- Actual Trademark Registration
If no opposition is filed (or if resolved in your favor), your mark is registered and valid for 10 years.
Timeline for Trademark Registration in South Korea
A standard application takes 10 to 14 months from filing to registration. For example, the average time for a first office action was around 16.1 months in 2024, though KIPO aims to reduce this. Expedited options are available for eligible filings.
Responding to Objections or Oppositions
Objections from KIPO can often be overcome by:
- Amending the goods/services description
- Providing evidence of acquired distinctiveness
- Narrowing the scope of the application
Oppositions from third parties are handled through KIPO's formal opposition proceedings and may involve negotiation, amendment, or legal defense.
South Korea Trademark Costs (as of July 2025)
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South Korea Trademark Use Requirements and Maintenance
No use is required at the time of filing. However, failure to use the mark for 3 consecutive years post-registration may result in cancellation. KIPO requires genuine commercial use—not token or symbolic use—to maintain rights.
Registering Non-Latin and Foreign-Language Marks
South Korea allows registration of marks in Hangul (Korean), Roman characters, and other scripts. However:
- Foreign-language marks should include a transliteration and translation.
- Non-Korean scripts (e.g., Chinese, Arabic) are typically registered as design marks, limiting protection to their visual form.
" and ® Symbols in South Korea
- " can be used with unregistered marks.
- ® can only be used with registered trademarks.
- Improper use may be considered deceptive and could result in penalties under Korean fair labeling laws.
South Korean Customs Recordation
Once registered, you may file for customs recordation with the Korea Customs Service. This allows customs officers to stop imports of counterfeit goods using your trademark—especially important for online enforcement and gray-market imports. We generally recommend registering your South Korea trademark with South Korean Customs if you will be selling product in South Korea or exporting them from there
FAQs on South Korea Trademark Law
- Can foreign companies register directly in South
Korea?
Yes, but foreign applicants must appoint a local trademark agent or attorney to handle the application process on their behalf.
- How long does a trademark last in South Korea?
A trademark registration in South Korea lasts for 10 years from the date of registration and can be renewed indefinitely for subsequent 10-year periods.
- Can I register a mark without using it in Korea?
Yes, it is possible to register a mark without prior use in South Korea. However, if the registered trademark is not genuinely used in commerce for three consecutive years after its registration date, it may become vulnerable to a cancellation action by a third party.
- What happens if someone files a similar mark before
me?
South Korea operates on a "first-to-file" system. In most cases, the party who files the trademark application first for similar goods or services will have superior rights. While bad-faith filings can be challenged (e.g., if someone clearly copied your well-known international mark), success in such challenges is not guaranteed and requires strong evidence.
- Can I use the Madrid Protocol for South Korea?
Yes, South Korea is a member of the Madrid Protocol. You can designate South Korea in your international Madrid application. However, once designated, the examination, opposition, and invalidation procedures for your mark in South Korea will still be handled according to the substantive provisions of Korean trademark law.
- What types of marks can be registered in South
Korea?
South Korea allows for the registration of various types of trademarks, including words, logos, slogans, designs, colors, and sounds, provided they are distinctive and capable of distinguishing the goods or services of one entity from another. Three-dimensional shapes, holograms, and motion marks are also registrable.
- What is the typical timeline for trademark registration
in South Korea?
The typical timeline for a straightforward trademark application, assuming no objections or oppositions, typically takes from 10 to 14 months from the filing date to registration. However, this can be extended if there are office actions from the Korean Intellectual Property Office (KIPO) or opposition proceedings initiated by third parties. Fast-track examination may be available under certain conditions.
- How can I search for existing trademarks in South
Korea?
You can conduct preliminary searches through the Korean Intellectual Property Office (KIPO) online database (KIPRIS). However, for a comprehensive assessment of registrability and potential conflicts, it is highly recommended to engage a local South Korean trademark attorney who can perform professional searches and provide a thorough legal opinion based on their expertise and access to official records.
Final Thoughts on South Korean Trademarks
South Korea is a key IP jurisdiction in Asia—especially for brands in technology, cosmetics, fashion, and consumer electronics. Its first-to-file system, strict use requirements, and active enforcement culture make early and strategic trademark registration essential.
To protect your brand in South Korea:
- File early and in all relevant classes
- Monitor for similar or bad-faith filings
- Maintain genuine use
- Consider customs recordation as part of your enforcement plan
Registering A Trademark In South Korea: What You Need To Know
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
