Korea trademark registration procedures are as below. For Korean trademark application, an applicant must include the following elements before the Korean Intellectual Property Office will accept it:
- Company certificate/ Photocopy Passport of applicant (It can be register under Company or Individual);
- Authorization letter of registration;
- A clear drawing of the mark;
- A listing of the goods or services;
- Priority certification (optional)
A “use” based application included a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, or a good faith or bona fide intention to use the mark in commerce.
Notice of Acceptance of Korean Trademark Registration
If you file a paper Korean trademark application, and it meets the minimum filing requirements, the Korean Intellectual Property Office will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the Korean Intellectual Property Office of any errors, following the directions on the receipt. The time duration is about 2 to 3 months.
Examination of Korean Trademark Registration
After the Korean Intellectual Property Office determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees. A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.
Publication for Korean Trademark Registration
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The publication duration is three months. If any objection is raised, the period may be extended by another 3 to 5 months.
Korean Trademark Registration
If no opposition is raised within a period of three months following publication, the trade mark is registered.
Time and Fees for Korean Trademark Registration
Time: The time duration for the registration procedure is about 12-18 months for smooth application. The duration can be minimized to few months if it’s an international registration pursuant to the Madrid System or the Madrid Agreement The term of validity is 10 years counted from the date of filing the application. No extra fee is imposed during this period. Renewal of registration of trademark shall be filed every 10 years after registration.
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