Korea operates a first-to-file trademark system. This means that trademark rights are granted to the first person or entity to file a registration application — not to the person who first used the mark in commerce. For foreign brands entering Korea, this creates a specific and urgent risk that many underestimate until it is too late.
Why First-to-File Matters for Foreign Brands
In the US, UK, and many other countries, long-term use of a mark in commerce can establish rights even without registration. In Korea, this is not the case. If your brand is well-known overseas but you haven't registered it in Korea, a local party can register your exact brand name — in Korean or English — and legally own it in Korea. This has happened to numerous international brands, forcing them into expensive disputes or licensing negotiations.
Real risk: Trademark squatting is a documented issue in Korea. Individuals actively monitor foreign brands entering the Korean market and file applications before the brand owner does. Filing early is the only reliable protection.
What Can Be Registered
The Korean Intellectual Property Office (KIPO) accepts registration of:
- Word marks (in English, Korean, or other scripts)
- Logo and device marks
- Combined marks (word + logo)
- Shape, color, and sound marks (under specific conditions)
You should register your brand in both English and Korean (Hangul transliteration). Korean consumers typically refer to foreign brands by their Korean phonetic equivalent, and a third party could register the Korean version of your brand even if you hold the English registration.
The Registration Process
Trademark applications in Korea are filed with KIPO and proceed as follows:
- Application filing: File with KIPO, specifying the mark and the goods/services classes (Nice Classification)
- Formality examination: Approximately 1–2 months
- Substantive examination: KIPO examines for distinctiveness and conflicts with prior registrations — approximately 8–12 months
- Publication for opposition: 2-month opposition period
- Registration: If unopposed (or opposition is rejected), the mark is registered
Total timeline: approximately 12–18 months from filing to registration. Filing fees vary by class but are modest compared to the cost of a trademark dispute.
International Applications via Madrid Protocol
If you already hold a trademark registration in your home country, you can file an international application through the Madrid Protocol that designates Korea (among other countries). This can be more efficient if you are registering in multiple markets simultaneously, but it adds processing time and has specific requirements.
What Happens If Your Mark Is Already Registered by Someone Else
If a third party has already registered your brand in Korea, your options are:
- Opposition or invalidation: If the registered mark is identical or confusingly similar to a mark you can show is well-known internationally, you may be able to challenge the registration
- Negotiated assignment: In some cases, trademark squatters will assign the registration for a fee
- Litigation: A longer and more expensive route, with uncertain outcomes
None of these options are as clean or inexpensive as simply filing first. Contact us to get your Korean trademark registered.