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Trademarks

Clear, secure, and defend your brand in Korea — from a single word mark to a global portfolio designating MOIP.

Overview

Korea is a first-to-file jurisdiction examined by MOIP, so early clearance and a well-drafted specification of goods determine the strength of your rights. We advise foreign companies and IP counsel on trademark protection across the full lifecycle — from availability searches to registration, opposition, and renewal.

We handle Korean-language considerations that trip up foreign applicants: transliteration of Latin marks into Hangul, distinctiveness in the Korean market, and precise Nice-class drafting. Every matter is managed by senior Korean attorneys who correspond directly with you in English.

What we handle

Korean trademark clearance search, registration and opposition — protecting your brand in the Korean market.

Clearance & similarity search

MOIP database searches for identical and confusingly similar prior marks across the relevant Nice classes, with a risk assessment and Hangul-transliteration check before you commit to filing.

Registration & filing

Preparation and filing of the application with an accurate specification of goods and services, correct Nice classification, and priority claims under the Paris Convention where available.

Refusal & opposition response

Drafting arguments and amendments to overcome office actions on distinctiveness or prior-mark grounds, and handling oppositions and defenses within the statutory windows.

Renewal & portfolio

Docketing and renewal management, multi-class and multi-jurisdiction strategy, and Madrid Protocol filings designating Korea or extending Korean marks abroad.

How we work

Four steps, one point of contact.

1

Search & assess

We run a clearance search, evaluate distinctiveness and conflicts, and give a candid go/no-go recommendation with class strategy.

2

Strategy & filing

We finalize the goods specification and classes, secure any priority claim, and file with MOIP, keeping you updated on formalities.

3

Examination & opposition

We respond to examiner refusals and, once published, monitor and defend against oppositions filed within two months of publication.

4

Registration & renewal

On grant we deliver the registration certificate and docket the 10-year term, managing renewals and portfolio changes going forward.

Key facts

Distinctiveness (Art. 33)

Marks that are merely descriptive, generic, or non-distinctive can be refused under Article 33; acquired distinctiveness through use may overcome this in some cases.

Prior & similar marks (Art. 34)

Registration is barred under Article 34 where a mark conflicts with an earlier identical or similar mark for identical or similar goods, among other grounds.

10-year renewable term

A Korean trademark registration lasts 10 years from registration and is renewable indefinitely for successive 10-year periods.

Madrid Protocol

Korea is a Madrid Protocol member, so foreign owners may designate Korea in an international registration, and Korean marks can be extended abroad.

Common questions

Do I have to use the mark in Korea before I can register it?

No. Korea is first-to-file, so you can register without prior use, though long non-use after registration can expose the mark to cancellation.

Should I also register a Hangul (Korean-language) version of my mark?

Often yes. Korean consumers may transliterate a foreign mark into Hangul, so registering the Hangul form can close gaps and strengthen enforcement.

How are goods and services classified?

Korea uses the Nice Classification. Precise drafting of the goods list within each class is critical, as it defines and limits the scope of your rights.

Can I file through the Madrid Protocol instead of a national application?

Yes. You can designate Korea via the Madrid Protocol, though a direct national filing sometimes offers more control over the goods specification and local prosecution.

Start with a conversation

Not sure which route fits? Ask us.

Describe your matter and we’ll map the MOIP route, timeline and cost — with a fixed quote.