Registering a Trademark in South Korea: What You Need to Know

Home | HS Blog | Registering a Trademark in South Korea: What You Need to Know Table of Contents Toggle Registering a Trademark in South Korea: What You Need to Know As part of our global trademark registration series, we turn to South Korea—one of Asia’s most innovation-driven economies and a top destination for foreign brands. This post breaks down the essentials of registering a trademark in South Korea, including the first-to-file system, application timelines, official fees, the opposition process, and recent legal developments. How to Register a Trademark in South Korea South Korea is a member of the Madrid Protocol and has streamlined many of its trademark registration procedures in recent years. But despite being treaty-compliant and WIPO-aligned, it maintains several country-specific nuances that international applicants must understand to avoid costly setbacks. South Korea has a sophisticated and fast-moving IP system with its own procedural rules and enforcement culture. Whether you're filing directly with the Korean Intellectual Property Office (KIPO) or through the Madrid Protocol, success requires a tailored, Korea-specific strategy. First-to-File in South Korea: Why Speed Matters South Korea operates under a strict first-to-file trademark system. Whoever files first generally has superior rights, regardless of who used the mark first. Although bad-faith filings can be challenged, the burden of proof is on the prior user. Unregistered marks enjoy very limited protection—primarily through unfair competition claims or cancellation actions for bad faith. Early filing is critical. What Can Be Registered as a Trademark in South Korea? According to the Korean Trademark Act, the following can be registered: Words, letters, numerals Stylized logos Shapes, colors, and three-dimensional marks Sounds and holograms Slogans and combinations of the above To qualify, the mark must be capable of distinguishing your goods or services from others. What Cannot Be Registered as a Trademark in South Korea? Your trademark application may be rejected if the mark: Describes the goods/services too literally Lacks distinctiveness Conflicts with well-known or previously registered marks Is contrary to public order or morality Incorporates national flags, government insignia, or religious symbols Is likely to mislead consumers South Korea also prohibits registering geographic terms and common surnames unless distinctiveness has been acquired through use. Multi-Class South Korea Trademark Applications Like many jurisdictions, South Korea allows multi-class trademark applications. Each class adds to the cost, but a single application can cover multiple categories of goods or services. Recent Developments in South Korean Trademark Law Bad-Faith Filings Scrutinized: KIPO continues to enhance scrutiny of suspected bad-faith applications. While a new Trademark Coexistence Agreement System (effective May 1, 2024) allows for negotiated registration of similar marks, KIPO remains vigilant—especially in high-volume sectors like e-commerce and cosmetics. Faster Examination: A revised expedited examination system allows approvals in as little as 2–3 months for urgent filings, especially those tied to product launches or customs recordation. Use Requirements Strengthened: The Korean Supreme Court clarified that “token” use is insufficient to preserve rights, reinforcing the need for genuine commercial use post-registration. The South Korean Trademark Application Process 1. Trademark Clearance Search Before filing, conduct a comprehensive search for identical or similar marks. KIPO does not automatically reject on relative grounds unless a conflict is raised by third parties. 2. Filing the Trademark Application Submit your application online via KIPO or through the Madrid Protocol. You’ll need: Applicant details A clear image or description of the mark Classification of goods/services Payment of official fees 3. Formal Trademark Examination KIPO examines for formalities and absolute grounds. 4. Publication and Opposition Accepted applications are published for a 1-month (30-day) opposition period. Third parties may file oppositions based on earlier rights or other legal grounds. 5. Actual Trademark Registration If no opposition is filed (or if resolved in your favor), your mark is registered and valid for 10 years. Timeline for Trademark Registration in South Korea A standard application takes 10 to 14 months from filing to registration. For example, the average time for a first office action was around 16.1 months in 2024, though KIPO aims to reduce this. Expedited options are available for eligible filings. Responding to Objections or Oppositions Objections from KIPO can often be overcome by: Amending the goods/services description Providing evidence of acquired distinctiveness Narrowing the scope of the application Oppositions from third parties are handled through KIPO’s formal opposition proceedings and may involve negotiation, amendment, or legal defense. South Korea Trademark Costs (as of July 2025) Action KRW Approx. USD Application (1 class) ₩62,000 ~$50 Each additional class ₩18,000 ~$15 Registration fee (per class) ₩211,000 ~$165 Renewal (per class) ₩226,000 ~$175 These are official KIPO fees. Trademark attorney or agent fees are not included. Currency conversions are based on July 2025 exchange rates. South Korea Trademark Use Requirements and Maintenance No use is required at the time of filing. However, failure to use the mark for 3 consecutive years post-registration may result in cancellation. KIPO requires genuine commercial use—not token or symbolic use—to maintain rights. Registering Non-Latin and Foreign-Language Marks South Korea allows registration of marks in Hangul (Korean), Roman characters, and other scripts. However: Foreign-language marks should include a transliteration and translation. Non-Korean scripts (e.g., Chinese, Arabic) are typically registered as design marks, limiting protection to their visual form. ™ and ® Symbols in South Korea ™ can be used with unregistered marks. ® can only be used with registered trademarks. Improper use may be considered deceptive and could result in penalties under Korean fair labeling laws. South Korean Customs Recordation Once registered, you may file for customs recordation with the Korea Customs Service. This allows customs officers to stop imports of counterfeit goods using your trademark—especially important for online enforcement and gray-market imports. We generally recommend registering your South Korea trademark with South Korean Customs if you will be selling product in South Korea or exporting them from there FAQs on South Korea Trademark Law 1. Can foreign companies register directly in South Korea? Yes, but foreign applicants must appoint a local trademark agent or attorney to handle the application process on their behalf. 2. How long does a trademark last in South Korea? A trademark registration in South Korea lasts for 10 years from the date of registration and can be renewed indefinitely for subsequent 10-year periods. 3. Can I register a mark without using it in Korea? Yes, it is possible to register a mark without prior use in South Korea. However, if the registered trademark is not genuinely used in commerce for three consecutive years after its registration date, it may become vulnerable to a cancellation action by a third party. 4. What happens if someone files a similar mark before me? South Korea operates on a "first-to-file" system. In most cases, the party who files the trademark application first for similar goods or services will have superior rights. While bad-faith filings can be challenged (e.g., if someone clearly copied your well-known international mark), success in such challenges is not guaranteed and requires strong evidence. 5. Can I use the Madrid Protocol for South Korea? Yes, South Korea is a member of the Madrid Protocol. You can designate South Korea in your international Madrid application. However, once designated, the examination, opposition, and invalidation procedures for your mark in South Korea will still be handled according to the substantive provisions of Korean trademark law. 6. What types of marks can be registered in South Korea? South Korea allows for the registration of various types of trademarks, including words, logos, slogans, designs, colors, and sounds, provided they are distinctive and capable of distinguishing the goods or services of one entity from another. Three-dimensional shapes, holograms, and motion marks are also registrable. 7. What is the typical timeline for trademark registration in South Korea? The typical timeline for a straightforward trademark application, assuming no objections or oppositions, typically takes from 10 to 14 months from the filing date to registration. However, this can be extended if there are office actions from the Korean Intellectual Property Office (KIPO) or opposition proceedings initiated by third parties. Fast-track examination may be available under certain conditions. 8. How can I search for existing trademarks in South Korea? You can conduct preliminary searches through the Korean Intellectual Property Office (KIPO) online database (KIPRIS). However, for a comprehensive assessment of registrability and potential conflicts, it is highly recommended to engage a local South Korean trademark attorney who can perform professional searches and provide a thorough legal opinion based on their expertise and access to official records. Final Thoughts on South Korean Trademarks South Korea is a key IP jurisdiction in Asia—especially for brands in technology, cosmetics, fashion, and consumer electronics. Its first-to-file system, strict use requirements, and active enforcement culture make early and strategic trademark registration essential. To protect your brand in South Korea: File early and in all relevant classes Monitor for similar or bad-faith filings Maintain genuine use Consider customs recordation as part of your enforcement plan Thinking about filing in Korea or auditing your Asia trademark portfolio? Our international trademark team can help. Contact us for a complimentary review. Check Out Our Practice Areas Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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