In South Korea, trademarks play a vital role in distinguishing goods, services, and collective efforts, providing legal protection and fostering brand recognition. Understanding the various types of trademarks available is essential for individuals and corporations seeking to safeguard their intellectual property rights.
This article will explore the different types of trademarks that exist in South Korea, including trademarks, service marks, collective marks, certification marks, and geographical indications. Each type serves a distinct purpose and carries specific eligibility requirements for applicants.
By delving into the details of these trademarks, we can gain a comprehensive understanding of their significance in the South Korean intellectual property landscape.
What types of trademarks exist in South Korea?
Trademark:
A symbol used by a person who engages in producing, processing, certifying, or selling goods to distinguish their own goods from those of others.
- Eligible applicants: individuals (natural persons) and corporations.
Service Mark:
A symbol used by a person who engages in non-profit work to distinguish their work from that of others
- Eligible applicants: individuals (natural persons) and corporations engaged in non-profit work in South Korea.
Collective Mark:
A symbol used by a corporation that engages in producing, selling, manufacturing, or processing goods jointly or a group of individuals engaged in service businesses to allow its members to use it for their own business related to goods or service.
- Eligible applicants: corporations.
Certification Mark:
A symbol used by the owner of a certification mark or a person who has obtained permission to use the mark to certify the origin, raw materials, manufacturing method, supply method, quantity, precision, and other characteristics of goods or services using the mark.
- Eligible applicants: individuals (natural persons) and corporations.
Geographical Indication:
A symbol indicating that a product is produced, manufactured, or processed in a specific region where the quality or reputation of the product is essentially derived from the natural conditions such as climate, soil, terrain, and human conditions such as traditional production methods.
- Eligible applicants for collective geographical indication mark: corporations.
- Eligible applicants for certification geographical indication mark: individuals (natural persons) and corporations.
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.
