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For the cosmetics industry in South Korea, it is recommended to refer to the International Nice Classification and choose the third category (daily chemical products) 0306 cosmetics
1. Documents required for registration of Korean trademarks
1. Application form - including the following:
2. Power of attorney - must be signed or sealed by the client;
3. Applicant's information - (1) The applicant is a legal person, and a copy of the business license must be provided with a clear official seal; Overseas people only need to provide their passports; (2) If the applicant is a natural person, a copy of the ID card and the business license of the individual industrial and commercial household (copy or scanned copy) with a clear official seal;
4. Applicant's address - the address of the applicant as a legal person must be consistent with the address on the business license;
A clear copy of the logo - 3cm 3cm to 7cm 7cm size |(If it is a three-dimensional trademark, a three-dimensional view or ** is required);
6. The name of the goods or services to be registered shall be in accordance with the International Classification of Goods and Services for Trademark Registration, and the generic and specific standard names shall be used. An application may specify one or more classes of goods and services.
7. If priority is claimed, a priority certificate must be submitted within 3 months from the filing date.
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.
5. Time of registration of Korean trademark.
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Is it for Korean cosmetics ** products or do you want to register a Korean trademark? If it is for Korean cosmetics**, it is recommended that you can apply for this option in the 35 categories of sales for others, and if you produce it yourself, it is the 03 category of cosmetics.
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1. Applicant qualifications: Anyone who uses or intends to use a trademark in South Korea can apply for registration; Foreigners or companies that do not have a residential or business address in Korea can apply for trademark registration as long as their country is a signatory to an agreement or treaty with Korea or a signatory to the relevant international conventions with Korea.
2. Application process (smooth situation):
1) Formal examination: after the application is submitted, the legality review of the submitted application documents, trademark drawings, power of attorney and other documents shall be conducted; If the requirements are met, the filing date and application number will be granted.
2) Substantive examination: Examine whether the trademark is registrable according to the law, for example, whether it is distinctive. If the examiner considers that the trademark is not suitable for registration, a notice of refusal is issued.
The applicant can reply within the specified time. Applicants can also request a delay in responding.
3) Announcement: After the trademark has passed the examination, the applicant will be informed that the trademark application has been accepted and published in the trademark gazette. Anyone can file an objection within the 2-month notice period, stating their reasons and submitting relevant evidence.
4) Registration approval: Trademarks that have been ruled to be registered after opposition, or trademarks that have no objection after announcement, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there is no rejection, opposition, etc.) takes about 18-24 months.
3. Validity period: 10 years from the date of approval of registration, if the registration expires and needs to continue to be used, the application for renewal of registration shall be applied for 12 months before the expiration of the registration period, and the validity period of each renewal registration is 10 years; A grace period of 6 months is subject to an additional fee.
1. What are the materials required for the Korean trademark application system?
1. Apply as a legal person, with a copy of the "Business License" or a valid registration certificate with the official seal; 1 copy of personal identification document attached to the application by a natural person;
3. Trademark drawings and goods or services;
4. Power of attorney signed by the applicant.
5. If priority is claimed, a priority certificate must be submitted within 3 months from the filing date.
1. Characteristics of the Korean trademark system.
1. Partial priority system; In the past, the Korea Trademark Office would have rejected all of the applications in which the scope of goods specified in the application for priority was beyond the scope of the goods specified in the previous application, but since the revision of the Trademark Examination Guidelines, the Trademark Office will partially reject the goods that exceed the scope of the application on a product-by-item basis.
2. For trademark applications in foreign languages including English, Chinese and Japanese, the pronunciation and meaning of the words outside the trademark will be included in the scope of examination.
3. Acceleration of the statute of limitations for the trial of opposition cases, in the past, the examination time for the Korean Trademark Office to hear opposition cases was generally 10 months, but after the revision of the new examination standards, the Korean Trademark Office hopes to make an opposition decision within three to four months after the opposition application is filed.
The trademark application system in South Korea is relatively well-established, and the content of the system is very comprehensive. Compared with the trademark application system of other countries, the Korean trademark application system is fast and efficient, requires fewer materials, and the process is relatively simple. If you have any other questions about trademark application in Korea, please consult a lawyer in the relevant field in time.
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1) Trademark design - design the trademark before the registration of the Korean merchant Wanghu Tanbiao application;
2) Trademark inquiry - inquiry service (free), can also be done beam is customer self-service inquiry, can also be specialized personnel inquiry. Provide a simple trademark search report;
3) Trademark application – Submission of trademark registration application documents to the Korean Intellectual Property Office;
4) Trademark Acceptance – The Trademark Registry will issue an acknowledgment of receipt of an acceptance number to the applicant (the applicant can receive a notice of acceptance from the Korean Intellectual Property Office on the same day of application);
5) Trademark examination - Trademark examination is divided into two processes: formal examination and substantive examination;
6) Trademark Announcement - Publication will be published after the trademark examination is passed, and anyone can file an opposition to the trademark for a period of 3 months.
Trademark registration - if there is no objection to the trademark publication or the trademark opposition is ruled not to be established, or the trademark registration is successful. Under normal circumstances, it takes about 12-15 months to obtain a trademark registration certificate. After successful registration, it is valid for 10 years, and it can be renewed on time six months before the expiration of the period.
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Legal analysis: 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 its country 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 international trademarks in **, you need to prepare relevant registration materials according to the provisions of the local Tantuan 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 of pure orange checks, they mainly review the legality of the submitted application documents, trademark drawings, power of attorney and other documents, and only if they meet the registration requirements, they 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 gazette, and it also has a two-month announcement period, during which others can raise objections, but mature reasons and relevant evidence are required.
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 A trademark registrant 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.
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The process of registering a Korean trademark is trademark design, trademark search, trademark application, trademark acceptance, trademark examination, trademark announcement, and successful trademark registration.
Trademark design: The applicant designs the trademark on its own, which can be a word trademark, a graphic trademark, etc.
Trademark search: After the trademark design is completed, the trademark name is searched to ensure the registrability of the trademark.
Trademark Shin Chan-chun Request: The trademark applicant submits the trademark application documents to the Korean Intellectual Property Office.
Trademark examination: Korean trademark examination is divided into formal examination and substantive examination, which examines whether the trademark is registrable, whether it is similar or identical to the trademark document of the ** application, and whether it complies with the relevant laws and regulations of South Korea.
Trademark Notice: A trademark that has passed the examination will be published in the Korean Official Trademark Gazette for a period of 3 months from the publication period, during which anyone can file an opposition to the trademark application documents.
Successful trademark registration: If there is no objection during the trademark announcement period or the objection is not established after the ruling, the trademark will be approved for registration, and the trademark registration certificate will be issued, and the Korean trademark registration will be successful, and the registration time will be about 12-15 months.
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First of all, you will report the trademark you intend to register to **, and then entrust Cha's Xunqui, if it can be registered after inquiry, you only need to submit the application for the round core material and the trademark design and the category to be registered to **.
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1) Applicants.
Those who use or intend to use a trademark in Korea have the right to register their own trademark. Although the Korean Trademark Act adopts a registration system, the applicant must have the intention to actually use the trademark in Korea. If the trademark is not used for 3 consecutive years or more after registration, the trademark will be revoked.
2) Required materials.
Trademark applicants are required to submit the following documents to the Korean Intellectual Property Office:
a. The application must contain the following contents: the name and address of the applicant (or the name and location of the legal person in the case of a legal person), the name of the trademark, the name of the designated goods and the class of the trademark, the date of filing, and the name of the country where the priority is claimed and the date, month and date of the first application;
b. Trademark style, 10 copies, 8cm*8cm or smaller size;
c. Priority document, if priority is claimed;
d. Power of attorney, if necessary.
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