Trademark Registration in South Korea

Overview: why register a trademark in South Korea?

South Korea is a dynamic consumer market where shoppers spend heavily on cosmetics, food, fashion and consumer goods, with advanced retail and e-commerce channels. For Vietnamese businesses exporting agricultural produce, food or consumer goods, and for brands seeking Korean partners, trademark registration protects the brand and provides the basis for tackling counterfeits and distribution disputes. South Korea applies first-to-file, so the right belongs to the earlier applicant, and filing early matters. KIPO allows a request for accelerated examination for an extra fee, shortening the time to grant when a business needs urgent protection to meet a product launch or address infringement. For brands in Latin script, consider also protecting a Korean transliteration to capture how local consumers recognize the mark.

Trademark registration cost in South Korea

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The mark is distinctive, setting the applicant's goods or services apart from others'.
• It is not merely descriptive of quality, function, origin or characteristics of the goods or services.
• It is not identical or confusingly similar to a mark already registered or filed earlier for similar goods or services.
• It is not deceptive and does not offend morality or public order.
• The goods and services list is clear and classified under Nice.
• The applicant is an eligible party; foreign applicants usually file through a representative in South Korea.

Clearance search before filing

A search before filing in South Korea reduces the risk of refusal for identity or similarity with a prior mark. The search reviews the Korean trademark database for identical or similar marks in the relevant goods and services and assesses whether the sign might be seen as descriptive or lacking distinctiveness. For word elements, check the Korean transliteration too, to anticipate conflicts in pronunciation and recognition and to adjust the sign or the list before incurring filing costs.

Procedure & timeline by stage

Required documents

• A clear specimen of the mark; for figurative or color marks, show the distinctive elements clearly.
• The applicant's name, address and legal type.
• List of goods and services with Nice classification.
• A power of attorney for the representative in South Korea if required.
• Priority document if claiming priority from an earlier foreign application.
• Details of any Korean transliteration of the mark.

Validity & renewal

A Korean trademark registration is valid for 10 years from grant and renewable for successive 10-year terms. The owner should put the mark to use, since a mark not used for the statutory period may face a third-party non-use cancellation. Keep evidence of use such as contracts, invoices, packaging and advertising in the Korean market to maintain validity and defend the right in a dispute.

Common grounds for refusal & how to handle them

• Identical or similar to a prior mark: argue the differences, narrow the goods, or negotiate coexistence.
• Lack of distinctiveness or descriptiveness: add arguments and evidence of distinctiveness acquired through use.
• Unclear goods and services list: amend the wording per KIPO guidance.
• Conflict in Korean transliteration or pronunciation: adjust the sign or consider also registering a transliterated version.
• Marks that misdescribe origin or mislead as to quality: adjust the sign or the list accordingly.
• Failure to respond to a refusal notice on time: track deadlines and file a response or appeal when needed.

Key notes for registering in South Korea

• •South Korea follows first-to-file, so file early to avoid pre-emption by others.
• •Accelerated examination is available for an extra fee, shortening the time to grant when needed urgently.
• •Consider also protecting a Korean transliteration of the mark to capture how consumers recognize it.
• •A mark can be cancelled for non-use over the statutory period, so keep evidence of use.
• •South Korea can be designated through Madrid or filed nationally, depending on strategy.

Frequently asked questions