What is the trademark application process for a trademark in South Korea?

The trademark application procedure in South Korea is divided into formal examination and substantive examination

Formal examination: The applicant submits the trademark application documents to the Trademark Registry, and the Trademark Registrar will review the legality of the submitted application documents, trademark drawings, power of attorney and other relevant documents; The trademark documents that pass the examination will be granted the filing date and application number.

Substantive examination: The trademark registrar will examine the trademark itself to check whether the trademark complies with the provisions of the law, whether it is the same or similar to the trademark applied for earlier, and after the substantive examination is passed, the Intellectual Property Office will issue a notice of approval of publication for the trademark that complies with the law, and the trademark that has obtained the notice of publication will be published in the official gazette, and if no opposition is raised within 30 days, the trademark will be approved for registration and a trademark registration certificate will be issued.

Hello, the process of registering a Korean trademark is as follows:

1) Korean trademark search

A trademark search usually refers to a search of trademark information conducted by a trademark registration applicant before applying for a registered trademark in order to find out whether there are prior trademark rights that may conflict with the registered trademark for which it is applying for a registered trademark.

The Korean Trademark Office does not provide free search, so be sure to do a good job of inquiry before applying, Yang Huju can provide free search of Korean trademarks, and there are professionals to analyze to improve the success rate of registration.

2) The process of registering a Korean trademark

1. Submit the application - Submit the above-mentioned trademark registration application documents to the Korean Intellectual Property Office.

2. Notice of acceptance - After reviewing the information, the Korean Trademark Office will give the applicant a receipt number and issue a notice of acceptance, which will take about 2-3 months (the application can receive the notice of acceptance from the Korean Intellectual Property Office on the same day).

3. Trademark examination - Trademark examination is divided into two processes: formal examination and substantive examination.

1) Formal examination: Acceptance within half a month after submission of the application. A formal examination shall be conducted within one month from the date of acceptance of the application, and a certain period of time shall be given to the application for amendment if it does not meet the requirements, and the amendment shall enter the substantive examination procedure if the content of the amendment does not meet the requirements, and the JPO may declare the application for trademark registration invalid.

2) Substantive examination: Generally, it takes 12 to 14 months from the application to the end of the substantive examination. When the examiner determines that the application for registration meets the approval criteria, the examiner shall publish the trademark registration application, and if it does not meet the approval criteria, notify the applicant and require the applicant to state its opinions within the specified time limit.

If the requirements for approval of registration are met after submitting opinions or making amendments, the decision of rejection shall be made if the application for trademark registration is published and the requirements for approval of registration are still not met.

4. Trademark Publication - After the Korean Trademark Office approves the trademark application, the trademark is allowed to be published in the Gazettal Publication, and the date of the announcement will be notified to the applicant in the form of a letter. The announcement period is 3 months, and if no objection is raised or the objection is not established, the trademark can be approved for registration; If there is an objection, it may be extended for a further 3-5 months.

5. Approval of registration - if there is no objection to the trademark announcement or the trademark opposition is not established, the trademark registration is successful, and the registration time is about 12-18 months.

I hope the above is helpful to you, if you have any questions, please feel free to consult Bajie, thank you.

1. Confirm the qualifications of the applicant for registration: Anyone who intends to register a trademark in South Korea can apply for trademark registration, even if a foreigner or company does not have a fixed address or business address in Korea, as long as the country to which it belongs is a signatory to the relevant agreements and treaties with South Korea or a signatory to the relevant international conventions with South Korea, it can apply for trademark registration.

2. Prepare registration materials: Regardless of the registration of an international trademark in **, you need to prepare relevant registration materials according to the local trademark law, and submit them according to the local registration process, and wait for the Trademark Office to issue a registration acceptance letter.

3. Formal examination: Korean trademark registration will also go through formal examination, but it is slightly different from the domestic formal examination, they are mainly for the legality review of the submitted application documents, trademark drawings, power of attorney and other documents, and only in accordance with the registration regulations will be granted the application date and application number.

4. Substantive examination: The substantive examination is based on the trademark law of South Korea to check whether the applied trademark has registrability, the trademark needs to be distinctive, if there is the same or similar pattern as the trademark of others, then the examiner of the Trademark Office will determine that the trademark is not suitable for registration, and will issue a notice of rejection, and the applicant can reply within the specified time and modify it in time.

5. Publication of registration announcement: After the trademark passes the examination, the trademark application will be published in the trademark announcement, and it also has a 2-month announcement period, during which others can raise objections, but the fight needs to have mature reasons and relevant evidence.

6. Obtain the trademark certificate: if there is no objection, the trademark will be approved for registration and the registration certificate will be issued. The time to register a trademark in Korea is 6-10 months.

Legal basis: Trademark Law of the People's Republic of China Article 43 The trademark registration owner may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.

The licensee shall guarantee the quality of the goods using the registered trademark.

This needs to be learned about in South Korea. Because you don't know about it on the spot, there will be a lot of omissions in answering and talking about ants.