South Korea, renowned as one of the four Asian Little Dragons, has achieved remarkable economic success in recent decades. Its economy has thrived on exports, particularly in electronics, textiles, ships, automobiles, and steel, which are among its key exports. The high-tech sector stands out as a strong pillar of the Korean economy. In more recent times, Korea’s cultural exports, such as K-pop, have gained global popularity, showcasing the country’s economic prowess and offering lucrative opportunities for businesses across various industries. Registering a trademark in Korea is crucial for businesses to seize a share of this profitable market and connect with the thriving consumer base. By doing so, businesses can effectively target Korean consumers and enhance their brand identity. Here’s a brief overview of Korea’s trademark registration process and its key features:-
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The expected timeframe for completing a straightforward application is approximately 10 to 14 months.
Before filing a trademark application in China, it is recommended (but not a must) to conduct a trademark search in China to ensure that the proposed mark is not already registered by someone else.
Unfortunately, there is no official trademark search provided by the Trademark Office of China National Intellectual Property Administration (“CNIPA”) and you could only hire a professional trademark agent for conducting an unofficial trademark search in China.
Once the search results warrant further action, the next step is to file a trademark application with the Trademark Office of CNIPA.
The application must include a clear image of the mark, a list of goods or services that the mark will be used for, and the name and address of the applicant etc.
If a trademark agent is engaged for filing the application, a power of attorney will also be required.
After the application is filed, the Trademark Office of CNIPA will examine it to ensure that it meets the administrative requirements for registration.
If there are any issues with the application, the Trademark Office of CNIPA may issue an office action requesting additional information or clarification.
At this stage, the Trademark Office of CNIPA will examine whether the application should be refused for any relative grounds or absolute grounds.
If the application is approved, it will be published in the Trademark Gazette for a period of three months.
During this time, third parties have the opportunity to oppose the registration of the mark.
If there are no oppositions filed during the publication period, the Trademark Office of CNIPA will issue an electronic certificate of registration for the trademark.
China trademark lasts for 10 years from the date of registration, rather than application, and can be renewed for successive 10-year periods.
Trademark applications, including supporting documents, need to be submitted in Korean. Therefore, it is crucial to work with an experienced and qualified trademark attorney who can assist with the preparation and precise translation of the necessary documents into Korean.
Korea follows the “first-to-file” principle, which means that the first applicant to file a trademark application will have priority over others. If a similar or identical trademark has already been registered by someone else, even if you have prior commercial use, you may not be able to register it in Korea. Thus, it is of utmost importance to file an application promptly to secure your intellectual property rights.
The KIPO offers accelerated examination of trademark applications for applicants who require expedited rights. However, certain criteria must be met for this accelerated examination. For instance, the trademarks filed must either be in current use or be substantially prepared for
Please note that the information presented in this article offers a brief introduction, and it is recommended to seek guidance from Trasomark or a trustworthy trademark agent to receive comprehensive assistance concerning trademark registration in Korea.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
