1. Introduction
Welcome to Patent Firm SODAM. We are a leading expert in intellectual property law, serving clients both in Korea and globally.
2. Specialties
Patents
Utility Models
Trademarks
Designs
Copyrights
3. Areas of Expertise
We possess comprehensive expertise across a wide array of technologies:
Multimedia and semiconductor devices
Memory circuits
Optical and electro-optical systems
LCD technologies
Computer hardware and software
Medical and scientific instruments
Imaging systems
Automotive tech
4. Trademark Overview
In Korea, trademarks are protected under the Trademark Act. For protection, marks should be registered with the Korean Intellectual Property Office (KIPO). No prior use is needed before registering, and while unregistered trademarks aren’t protected, well-known marks are. Actions against infringements on these marks can be pursued under the Unfair Competition Prevention Act.
5. Key Features of Korean Trademark Law
First-to-File Rule
Detailed Examination
Opposition Process
6. Procedure
6.1. Before Registration
We offer a pre-check service, reviewing the feasibility of the trademark registration. If any issues arise, we notify our clients at no extra charge.
6.2. Filing Application
Anyone intending to use a trademark in Korea can apply. Though registration requires an intent to use the mark in Korea, non-use can lead to cancellation after three years.
6.2.1. Required Documents for Application
Applicant details
Trademark specimens
Priority documents (if claiming priority)
Mandate (if needed)
A filing date, the priority country, and application date (if claiming priority)
6.3. Goods Designation
Based on the Nice Classification, which Korea adopted in 1998, applicants must specify the goods/services for their trademark.
6.4. Priority Claims
Claims can be made under the Paris Convention or mutual agreements between governments. To claim priority, filing in Korea should be within six months of the priority date.
7. Formal Examination
Applications can be rejected if:
They are unclear or incomplete
Not in Korean
Missing trademark samples
Not listing specified goods
Filed without a local patent agent in Korea
Once the application meets requirements, KIPO assigns an application number and checks for compliance with the trademark law. If discrepancies are found, the KIPO commissioner will address them.
8. Substantive Examination
- Examination Process
Unlike patents or utility models, trademark applications are evaluated in the order they are received. However, based on Article 53(2) of the Trademark Act, the Commissioner of the Korean Intellectual Property Office can prioritize certain applications that meet specific criteria. Typically, the examination process for a trademark application takes about five months from the filing date.
- Criteria for Registration
For a trademark to be registered under the Trademark Act, it must:
(A) Fit the definition of a trademark as outlined in the Trademark Act;
(B) Stand out distinctly when used to indicate a particular product or service, ensuring the product isn’t just inherently noticeable;
(C) Not fall under any category of trademarks that are explicitly non-registerable according to the Trademark Act.
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Patent Firm SODAM
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