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South Korea Trademark Registration
1. Registered Korean TrademarkSummary
1. The Korean Trademark Law was promulgated on November 28, 1949 and has undergone more than a dozen amendments, the most recent of which was completed on December 11, 2002.
2. Korean trademark law belongs to the civil law system and adopts the principle that registration is based on the application.
3. The types of trademark registration include: commodity trademarks, service trademarks, collective trademarks, three-dimensional trademarks, and color trademarks.
4. Korea has been using its national classification in the past and has adopted the International Classification of Goods and Services for the purposes of the Registration of Marks since 1 March 1998.
5. The Republic of Korea is a member of the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization, and a party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Madrid Protocol.
2. Korea Trademark Registration Authority
The predecessor of the Korean Intellectual Property Office was the Patent Office established in 1946 under the Ministry of Industry and Commerce. To better reflect the bureau's overall functions, the Korean Industrial Property Office was renamed the Korean Intellectual Property Office (KIPO).
The process and time of 3. registration of Korean trademarks
1) trademark design-before the registration of Korean trademark applications can be commissioned to design trademarks or self-designed trademarks.
2) Trademark inquiry-There are two types of trademark inquiry services: one is an internal inquiry service; the other is an agency government inquiry service.
3) Trademark Application-Trademark registration application documents submitted to the Korean Intellectual Property Office.
4) Trademark Acceptance-The Trademark Registry will issue an acceptance number to the applicant for about one month.
5) Trademark examination-Trademark examination is divided into two processes: formal examination and substantive examination.
6) Trademark Announcement-A notice will be published after the trademark is examined for a period of 3 months.
7) Trademark registration-there is no objection to the trademark announcement or the ruling trademark objection is not established, or the trademark registration is successful. Under normal circumstances, it takes about 12-18 months to obtain a trademark registration certificate. Successful registration is valid for 10 years and can be renewed on time six months before the expiration date.
4. registered Korean trademark handling information
1) The power of attorney for trademark registration shall be signed or sealed by the principal;
2) Name of the applicant (the applicant is a legal person and needs to provide a copy of the business license with a clear official seal; The applicant is a natural person and needs to provide a copy of the ID card and the business license (copy or scanned copy) of the individual industrial and commercial household with a clear official seal. Overseas people only need to provide a passport);
3) The address of the applicant (the application address of the applicant as a legal person must be consistent with the address on the business license);
4) Clear trademark drawings;
5. can be used as a constituent element of trademark registration
1. A trademark is a symbol composed of words, patterns, three-dimensional shapes, colors and their combinations used by operators engaged in business activities such as production, processing, certification or sale of goods, and for the purpose of distinguishing the goods of other operators.
2. A service mark is a mark composed of words, patterns, three-dimensional shapes, colors and combinations thereof used by operators engaged in the service industry for the purpose of distinguishing the services provided by other operators.
3. The emblem used by an operator engaged in non-profit business indicating its operation may also be registered as a trademark.
6. may not be used as a constituent element of trademark registration
1. Symbols identical or similar to the Korean national flag, national emblem, heraldry traditional colors, medals, medals or badges; Symbols identical or similar to foreign national flags and national emblems; Symbols identical/similar to medals, medals or badges of the member states of the Paris Convention for the Protection of Intellectual Property Rights or the member states of the World Trade Organization or the member states of the Trademark Law Treaty; and the International Red Cross Organization, an emblem identical/similar to the title or emblem of the International Olympic Organization or a famous international organization; an emblem identical/similar to the seal or mark used for certification or supervision and management purposes by the Republic of Korea, a member state of the Paris Convention, a member state of the World Trade Organization, a member state of the Trademark Law Treaty or a public organization of these countries.
2. Signs that falsely indicate signs relating to the state, race, public institution, religious belief or famous deceased person; or signs that accuse, insult or tend to denigrate the state, race, public institution, religious belief or famous deceased person.
3. A sign identical or similar to a well-known sign indicating non-profit operation/public service of the state, or of a public institution, or its agency/company, except that the above institution itself applies for registration.
4. Signs of violation of public order or morality.
5. Signs identical/similar to badges, certificates or medals issued at exhibitions held or authorized by the Korean government/foreign government, except that the person who obtained the above badges, certificates or medals at the exhibition uses the above-mentioned signs as part of the trademark on the winning goods.
6. Signs containing the life, address, trade name, portrait, signature, seal, famous pseudonym, professional name/pseudonym of a famous person, or signs of the above abbreviations; except with the consent of the person.
7. The same as or similar to the trademark previously registered by others, and the use of the same/similar goods.
8. It is the same as/similar to a trademark registered by others but has not expired for more than one year, and uses similar signs of goods.
9. Same as/similar to other people's well-known trademarks, and use similar signs of goods.
10. Signs that cause consumers to confuse the source of goods/services.
11. Signs that mislead or deceive consumers in terms of the quality of goods.
12. Signs that are identical/similar to other people's trademarks that are easily identifiable by consumers in Korea and abroad, and are used to obtain unfair benefits or cause harm to others.
13. Signs consisting only of a three-dimensional shape representing the function of the commodity or the outer packaging of the commodity.
14. A mark consisting of the geographical name of a World Trade Organization member country, or containing the geographical name of the wine/liquor origin, used on wine/liquor or similar goods.
15. Signs consisting only of the generic name of the goods and expressed in an ordinary manner.
16. Customary signs on goods.
17. Indications of the origin, quality, raw materials, efficacy, use, quantity, shape (including the shape of the outer packaging), price, method or time of manufacture, processing or use of the goods in a common manner only.
18. Signs that merely indicate distinct geographical names, geographical names or abbreviations of maps.
19. A sign indicating the common name of a legal entity in an ordinary manner only.
20. Very simple common sign.
21. In addition to the above-mentioned lack of distinctive signs, signs that prevent consumers from identifying the origin of goods.