Register Trademarks in South Korea!
Shina TradeMark Services
Shina International IP & Law is located in the SEOUL and offers top trademark services to diverse clients across different industries, including fashion, sports, media and publications, household items, telecommunications, pharmaceuticals, medical devices, chemicals, foods, high-tech products, and the automotive industry. The firm’s experienced attorneys help build and manage global trademark portfolios. Shina’s trademark department is well-equipped to handle a wide range of trademark-related matters, including prosecution and recordal, monitoring and watching services, licensing, trials and lawsuits, enforcement, and portfolio management. Shina provides comprehensive services for any legal issues related to trademarks, domain names, trade dress, characters, and plantvariety naming.
Our Trademark team have extensive experience with :Trademark availability and registrability searches
Trademark infringement
Trademark applications and registrations
Cease and desist letters
Worldwide trademark portfolio management
Online infringement
Trademark audits
Take down notices
Trademark opposition proceedings
Madrid protocol
Trademark cancellation and expungement proceedings
International trademark applications
Trademark license agreements
Korean trademark application process guide
First, consult with our patent attorneys to finalize your trademark and designated goods or services. Once finalized, we'll promptly file your application, which typically takes 1-2 hours. You'll receive an application number notification from the Korean Intellectual Property Office (KIPO) immediately afterward. We'll monitor your application throughout the entire process, including responding to Office Actions, securing registration, and handling annual management. You can track your application's status directly on the KIPO database using the provided application number about a week after filing.
Free consultation on the homepage bulletin board (also available by phone) -> Deposit of application fee -> Available search (optional) -> file a trademark -> Receive application TM Number notification.
We inform you of the lowest fees in Korea as follows.
In Korea, the Priority Examination system allows for the expedited processing of trademark applications under certain circumstances. This system is designed to provide quicker results for applicants who meet specific criteria.
Inexpensive Service Fees
Trademark Fees
Searches| Trademark Search | 1 Class | 2 Class | 3 Class |
|---|---|---|---|
| Identical Search (word marks only) | US $50 | US $80 | US $100 |
| Availability Search | US $150 | US $200 | US $250 |
Searches are a recommended procedure to make sure there will be no collisions or problems when an application is submitted. We provide our Search results in English.
| 1 Class | 2 Class | 3 Class | ||
|---|---|---|---|---|
| Filing of the Application | Attorney Fee | US $250 | US $400 | US $550 |
| Official Fee (KIPO Fee) | US $60 | US $120 | US $180 | |
| Total | US $310 | US $520 | US $730 | |
If one or more office action(s) (i.e., Notification of Reasons for Rejection, etc) are issued, additional fees will be incurred depending on the complexity of the case. Our fees to respond to the office action are lower than most other Korean agencies. Please contact us to obtain a fee schedule.
| Option A (Without Search) | Option B (with Search) | ||
|---|---|---|---|
| Filing of the Application | Attorney Fee | US $250 | US $400 (250+150) |
| Official Fee (KIPO Fee) | US $60 | US $180 | |
| Miscellaneous | 0 | 0 | |
| Tax | 0 (Included) | 0 (Included) | |
| Total | US $310 | US $460 |
| 1 Class | 2 Class | 3 Class | ||
|---|---|---|---|---|
| Registration (Forwarding of Registration Certificate) | Attorney Fee | US $150 | US $250 | US $350 |
| Official Fee (10 years) | US $ 220 | US $420 | US 630 | |
| Total | US $370 | US $670 | US $980 |
We look forward to assisting you in registering your Trademarks and protecting your IP!
Frequently Asked Questions
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Q What is a trademark?
In simple terms, almost anything! A trademark may comprise, alone or in combination, word(s), numbers, slogan, designs, symbols, sound, hologram, moving images, taste, colour, texture, mode of packaging, 3-D shapes and/or positioning of a sign, which are used by an entity to identify the source of its products or services from others in the marketplace.
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Q Why Register a Trademark?
Given that the trademark is a significant corporate asset of the entity, the prudent business approach is to register the trademark. There are significant advantages to registering a trademark, such as:
Prima facie evidence of ownership Exclusive ownership rights across South Korea 10-year renewable registration periods An elevated platform from which to assert your rights across brand trolls and infringers -
Q What’s the difference between filing a trademark through the Madrid system and filing it directly in S. Korea?
01 Madrid System : You designate the countries where you want to protection. However, there are several disadvantages as follows:higher initial costs. Potential for longer examination periods. Dependency on the base application in the home country. Limited flexibility in terms of scope of protection and renewal.02 Direct filing in S. Korea via the STMS (“Shina Trade Mark Service”)If you apply for a trademark directly in Korea, you can use it cheaper than applying for Madrid. Review of Pre-Registration and availability. The process is significantly faster than the Madrid system. More flexibility in terms of renewal and scope of protection. Save your money and time: we offer reasonable filing fees and time-saving. We offer comprehensive trademark services, including monitoring and feedback. -
Q How long is the registration process?
It can take between 12 months and 2 years to obtain a trademark registration in Korea (this is uptodate. This includes all steps from filing the trademark application through to obtaining the trademark registration. This estimated time frame depends upon the level of complexity of issues raised during the application process. (i.e. was an opposition lodged, were significant issues are raised during examination). The delay in obtaining a trademark registration does not affect the entity’s ability to use the trademark in Korea.
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Q The Korean Trademark filing process
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Q What is KIPO (“Korea Intellectual Patent Office”) Rules?
It is important to note that not all trademarks can be registered in Korea – the Korean Trademarks Act from KIPO contains some prohibitions. For example, an entity cannot register a trademark that is (a) clearly descriptive or (b) the name of the wares/services in any language or (c) primarily merely a name or surname or (d) confusing with a previously registered/applied for trademark. However, in some instances, these are not absolute bars and arguments can be made as to the registrability of the trademark. For this reason, it is prudent to discuss the usability/registrability of the trademark prior to embarking on a branding campaign.
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Q Do I need to check Trademark Availability and Registrability Searches?
Although not mandatory, it is prudent to conduct trademark availability and registrability searches prior to embarking on the registration process. This is particularly relevant for the launch of new brands. The trademark search will determine whether there may be challenges that could pose an obstacle to your company’s registration and/or use of the trademark. As mentioned above, not every trademark is capable of registration. Also, the search is important as we can determine whether another entity is already using a trademark that is identical or similar to your company’s trademark.
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Q How do I send a cease and desist letter for trademark infringement?
A cease and desist letter is a formal legal document notifying an individual or company that they are infringing on your trademark and demanding they stop immediately.
Key components of a Cease and Desis Letter:Clear identification of the infringer : Include their name, address, and contact information. Detailed description of the infringement : Clearly outline how the infringer is using your trademark without authorization. Assertion of trademark ownership : State that you own the trademark and provide evidence like registration number or proof of use. Demand for immediate cessation : Explicitly demand the infringer to stop using your trademark immediately. Potential legal action : Warn the infringer of possible legal consequences if they don't comply. Set a deadline : Give the infringer a reasonable timeframe to respond. Contact information : Provide your contact details for communication.
Contact the Trademark Attorneys at Shina International IP & Law
Shina International IP & Law is an award-winning cross-border branding, corporate and commercial
law firm. Our team of lawyers and legal professionals are dedicated to structuring your business,
negotiating your contracts and protecting, enforcing and commercializing your brand.
