Trademark Registration in South Korea

Registering a trademark in South Korea is essential for protecting your commercial identity. A registered mark grants exclusive rights, prevents competitors from using similar signs, and strengthens your legal position as you expand into the Korean market.

South Korea is a first-to-file jurisdiction, meaning that trademark rights generally belong to the first person or company to file, not the first to use the mark. In practice, this makes registration the safest and most effective way to secure your brand. Only in exceptional cases—such as well-known or famous marks—can an unregistered trademark receive protection.

To obtain rights, your application must be filed with the **Korean Intellectual Property Office (KIPO) KIPO. During examination, KIPO reviews both absolute and relative grounds and publishes the application so third parties may file oppositions.

Once registered, your trademark in South Korea:

• Grants exclusive rights for the goods and services covered
• Provides a strong legal basis to stop infringers or challenge conflicting filings
• Becomes a commercial asset that can be licensed, franchised, or assigned

If you register a combined trademark (word + logo), your exclusive rights apply only to the exact configuration filed and registered. If you want separate protection for the word component or the figurative element, filing additional applications is recommended.

South Korea is also a member of the Madrid Protocol, meaning you can obtain protection either by filing a national application with KIPO or by extending an International Registration to South Korea through the Madrid System (see our Madrid trademark services.

To register a trademark in South Korea, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

For a straightforward case, the average time for trademark registration in South Korea is around 12 months from filing to registration.

This is an approximate timeframe and may be longer if, for example:

• The examiner raises formal or substantive objections (such as lack of distinctiveness or conflicts with earlier marks)
• There are delays in responding to office actions
• A third party files an opposition after publication

Regardless of how long it ultimately takes, your dedicated consultant will monitor the status of your application and notify you of every important update, so you never have to worry about deadlines, responses, or follow-ups.

Once your trademark is registered in South Korea, it is protected for 10 years from the date of registration and can be renewed indefinitely in further periods of 10 years.

Renewal may be requested during the year preceding the expiry date, and it can also be filed within six (6) months after expiration, subject to late renewal fees. Your registration and certificate serve as official proof of ownership, which is essential both for enforcement and for any commercial transactions involving the mark (licensing, assignments, franchising, etc.).

To keep your rights active without worrying about dates or procedures, you can rely on our Trademark Renewal Service in South Korea, and let us handle reminders, filings, and all formalities on your behalf.

Yes. If a third party applies for a trademark that is identical or confusingly similar to yours for related goods or services, you can file an opposition in South Korea.

The opposition period is two (2) months from the date the application is published in the Trade Marks Journal.

The likelihood of success will depend on factors such as:

• The similarity of the marks
• The similarity or relatedness of the goods/services
• The strength of your earlier rights and the evidence you can provide

Our team can help you assess whether an opposition is worthwhile, prepare the necessary arguments and evidence, and define an effective strategy to protect your position in the Korean market.

Use is not required to file or obtain a trademark registration in South Korea. However, use becomes essential after registration.

If the mark is not used for a continuous period of three (3) years—either from the date of registration or during the three years preceding a non-use cancellation action—the trademark becomes vulnerable to cancellation for non-use.

To avoid this risk:

• The mark must be used genuinely and on a commercial scale in South Korea.
• It is advisable to maintain evidence of use, such as invoices, marketing materials, ads, packaging, or website screenshots targeting Korean consumers.

If proof of use or additional documentation is ever required, iGERENT will guide you through the process and help you prepare everything needed to maintain and defend your rights.

South Korea recognizes three-dimensional (3D) trademarks, allowing protection for distinctive product shapes or packaging.

To register a 3D mark, you must file the application with KIPO Korean Intellectual Property Office (KIPO) and provide clear drawings or photographs of the shape from multiple angles (typically several views) so the mark can be fully understood. The shape must be:

• Visually representable
• Distinctive and capable of distinguishing your goods/services from those of others
• Non-functional (it must not simply result from the nature of the goods or be necessary to obtain a technical result)

KIPO applies stricter distinctiveness criteria to non-traditional marks such as 3D shapes. If the shape is considered purely functional or too commonplace, the mark may be refused. In borderline cases, evidence of acquired distinctiveness through use in South Korea can be decisive to obtain registration.

If you’re considering filing a 3D trademark in South Korea, feel free to contact us for a free, no-obligation assessment so we can review your case and recommend the best filing strategy.