In Korea, the validity of a registered trademark lasts for a period of 10 years. However, unlike some other forms of intellectual property rights, such as patents or design registrations, trademark registrations can be renewed indefinitely, allowing for the maintenance of the trademark as a semi-permanent right.
All intellectual property rights have a designated period of validity. However, unlike other intellectual property rights such as patents, utility models, and design registrations, trademarks can be maintained as a semi-permanent right.
This is because it is possible to renew a Korean trademark registration. If a trademark renewal application is filed with the Korean Intellectual Property Office before the 10-year validity period expires, the trademark registration will be extended for another 10 years.
After that, if necessary, it can continue to be renewed indefinitely.
Here are further details:
Initial 10-Year Validity:
When a trademark is registered in Korea, it is initially granted a validity period of 10 years from the registration date. During this period, the trademark owner enjoys exclusive rights to use the trademark and can take legal action against any unauthorized use or infringement.
Renewal Process:
To extend the validity of a registered Korean trademark beyond the initial 10-year period, the trademark owner must file a renewal application with the Korean Intellectual Property Office (KIPO). The renewal application should be submitted before the expiration of the current 10-year term.
Renewal Period:
The renewal period for a Korean trademark begins six months prior to the expiration date of the registration and extends for six months after the expiration date. During this one-year renewal period, the trademark owner can file the renewal application.
Requirements for Renewal:
To successfully renew a Korean trademark, the trademark owner must fulfill the renewal requirements, which include submitting the renewal application form, paying the prescribed renewal fee, and ensuring that there have been no changes to the trademark itself (i.e., no substantial alterations to its distinctive elements).
Renewal Term:
If the renewal application is accepted by the KIPO and all requirements are met, the trademark registration will be renewed for an additional period of 10 years, starting from the expiration date of the previous term. The trademark owner will continue to enjoy the exclusive rights and protections associated with the registered trademark.
Indefinite Renewals:
Once a trademark registration is renewed, it can be subsequently renewed every 10 years, allowing for indefinite extensions. As long as the trademark owner submits the renewal application within the specified time frames and meets all requirements, the trademark can be maintained and protected for an extended period.
Continuous Use Requirement:
It's important to note that, even after the initial 10-year validity period and subsequent renewals, the continuous use requirement remains applicable. To maintain the trademark's validity, it must be actively used in commerce. Non-use of the trademark for an extended period can still make it susceptible to cancellation by third parties.
Trademark owners in Korea should be proactive in monitoring the expiration date of their trademarks and ensure timely filing of renewal applications. By adhering to the renewal process, trademark owners can protect their rights and maintain the validity of their trademarks for an extended period, effectively safeguarding their brand and its associated goodwill.
Frequently Asked Questions about Korean Trademarks
- Does the person who first used the trademark have the rights in Korea?
- What trademarks are not registrable in Korea?
- What types of trademarks are more likely to be approved for registration in Korea?
- What types of trademarks exist in South Korea?
- What are the requirements for registering a trademark in Korea?
Frequently Asked Questions about Trademark Application in Korea
- What is the difference between applying for a Korean trademark as an individual or as a corporation?
- How can I change the ownership of a trademark to another person or company after applying for a trademark in Korea?
- What should I do if I want to file a Korean trademark application jointly with others?
Frequently Asked Questions during the Korean Trademark Registration Examination Stage
- How does the examination process proceed after a Korean trademark application is filed?
- What is priority examination for trademark applications in Korea?
- What should I do if I receive a Office Action of the Reason for Refusal for a Korean trademark application?
- What should I do if I receive a rejection decision?
- What is a "Notice of Allowance" (출원공고결정서) in Korean trademark application?
- Is it possible to make corrections after the publication of a trademark application?
Frequently Asked Questions about Trademark Registration in Korea
- When can I receive a Korean trademark registration certificate?
- I want to grant permission to a third party to use my registered trademark. What is the procedure and what is required?
- I want to transfer a registered trademark that I am currently using or not using to someone else. How is the price for transferring the trademark determined?
- What should I do if I think a third party is infringing on my registered trademark?
- What should you be aware of regarding registered Korean trademarks?
- What happens to a Korean trademark after its 10-year duration of validity expires?
DAEILPAT
Trademark
Many foreign companies entering the Korean market often overlook the importance of registering their brand or logo as a trademark. This oversight can lead to potential legal issues such as piracy or infringement, which could have been easily prevented by seeking expert advice and registering their trademark. Conversely, numerous industry leaders understand the significance of securing full protection for their brand and products or services through successful trademark registration, contributing to their overall success.
To enhance brand value and streamline the process, foreign clients ranging from individuals to well-established market leaders are seeking guidance from DAEILPAT's Trademark attorney. What sets our service apart is our strategic counseling and proactive approach at every step, ensuring a comprehensive trademark registration. This enables our clients to benefit from a cost-effective and tailored service that significantly reduces the lengthy and expensive registration process, without unnecessary delays or additional expenses.
Learn more about Trademarks Registration and Protection in Korea
Our Expertise
DAEILPAT’s great strength in Trademark is brought by the experts with unrivalled professionalism in our team. Our trademark attorney consists of excellent talents who are a pioneer in developing unprecedented trademark ideas, a true veteran with extensive knowledge and experience as a examiner at KIPO and IP specialists with more than 10 years of experience. We are fully competent in handling any cases in both Korean and English, and our network of foreign agents allows us to offer a fuller service for both domestic and international clients.
We offer a full suite of Trademark services including strategic counseling, analysis of trademark trends, prosecution, handling of oppositions and cancellation actions, domestic and international disputes, negotiations and coexistence agreements and many more. Our thorough and in-depth analysis and reports guide our clients to effectively select and leave out specific elements of their mark to increase the chance of registration. Moreover, we showcase total transparency by offering timely updates through a transparent reporting process and keep our clients up-to-date with deadlines and proceedings without any error and omission.
