> Application Procedure for Trademarks
Application Procedure for Trademarks
Overview
Trademarks are protected in the Republic of Korea under the Trademark Act; and for such protection, marks should be registered with the Korean Intellectual Property Office (KIPO). The use of a trademark is not a prerequisite for filing an application for the registration of a trademark. Although the Trademark Act does not protect unregistered marks, it does provide protection of well-known or famous marks by restricting the registration of an identical or similar mark. There is no course of action against infringement of a well-known or famous unregistered trademark under the Trademark Act, but action may be pursued under the Unfair Competition Prevention Act.
Notification of provisional refusal
Written opinions/amendments
Decision of refusal
Intellectual Property Tribunal and the Patent Court
Patent Court
Supreme Court
Filing an Application
(i) Applicant
Formal Examination
The application will be returned to the submitter without an application number and will be treated as if it had never been submitted in any of the following circumstances:
Substantive Examination
Publication
Opposition
Once a trademark application is published in the official gazette, the “Trademark Publication Gazette,” any person may file an opposition within two months (non-extendable). A notice of opposition containing a brief statement on the grounds for opposition must be submitted within the first thirty days. Then, the opponent may amend, add or supplement the grounds for opposition within the next thirty days.
Decision of grant of protection
Decision to register a trademark is the administrative measure which means that it has suitable requirements for a trademark registration as a result of the examination of the trademark application by the examiner, thus an applicant can receive establishment registration of a trademark right.
Registration
Upon decision of the trademark registration, an applicant can apply for establishment registration of the trademark right after paying the registration fee within the specified period.
Civil/Criminal Court
The legal remedies against infringement of a trademark right or exclusive license mainly include civil injunctions, claims for damages, claims for credit recovery, and possible punishment for the infringer based on criminal liability. Actions against infringement are generally treated as civil or criminal actions and are therefore not under the jurisdiction of the patent court.
Renewal
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years. For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.