Korea Trademark Registration: Complete Guide for Foreign Applicants

For foreign companies entering Korea, trademark registration is usually the first IP step. Korea is a first-to-file registration country: whoever files first holds the right, regardless of who used the mark first. Securing trademark registration before launching commercially in Korea is effectively mandatory.

This guide covers the full Korea trademark process for foreign applicants, including the typical timeline, government fees, NICE class system, distinctiveness requirements, and the coexistence-consent system that took effect on May 1, 2024. It is a working reference for global brand managers and IP counsel preparing to enter the Korean market.

The Korean Trademark Process at a Glance

The Korean trademark process moves through seven stages: filing, formality examination, substantive examination, publication, opposition, decision, and registration. A foreign applicant must appoint a Korean trademark attorney, since residents abroad are required to act through a local representative under the Trademark Act enforcement rules.

1. Filing: Submit application, specimen, and goods/services list to KIPO; electronic filing is standard
2. Formality examination: KIPO checks form and fee payment; usually 1 to 2 weeks
3. Substantive examination: distinctiveness, prior similar marks, and absolute/relative grounds; first action takes about 13 to 14 months
4. Publication: if no rejection, the mark publishes; anyone can oppose within 30 days
5. Opposition: if filed, the parties exchange briefs and the panel rules
6. Decision: registration or refusal; rejection allows response with arguments and amendments
7. Registration: registration fee due within 2 months of decision; rights take effect on registration

Timeline: Standard vs Accelerated Examination

First action on a Korean trademark currently takes about 13.2 months on average as of November 2024. That is up from 5.5 months in 2018, driven by surging filings and a flat examiner headcount. Total time to registration is typically 12 to 18 months without rejections, and easily exceeds two years if oppositions or rejections occur.

If the applicant is using or preparing to use the mark, or if a third party is infringing, accelerated examination can be requested. With acceleration granted, first action arrives in about two to three months. The acceleration fee is KRW 160,000 per class, on top of the regular filing fee.

Government Fees

Korean trademark fees are charged per class. Electronic filing using only KIPO-listed standard goods names costs KRW 56,000 per class; using non-standard names raises it to KRW 62,000 per class. Each class allows ten goods names; from the eleventh, an extra KRW 2,000 per item applies (for filings on or after August 1, 2023).

NICE Classes 1 Through 45

Korea adopts the NICE classification directly. Classes 1 to 34 cover goods, classes 35 to 45 cover services. Class selection defines the protection scope, and fees scale per class.

A common foreign-applicant pitfall is whether the goods names match KIPO's standard list. KIPO maintains an internal standard goods database, and using only those names secures the lower KRW 56,000 fee while reducing examiner objections. Free-form goods descriptions imported from US or EU filings often draw amendment notices, so it is best to map US/EU specifications to KIPO standard names with the Korean attorney before filing.

Top Rejection Grounds: Distinctiveness and Prior Similar Marks

The two main rejection grounds in Korea are lack of distinctiveness (Trademark Act Article 33) and similarity to a prior registered mark (Article 34(1)(vii)). According to KIPO, more than 40% of rejected marks fall on prior-similar grounds. KIPRIS searching for identical or similar marks before filing is the highest-leverage step for cutting rejection risk.

Distinctiveness is denied if the mark falls into one of seven categories listed in Article 33(1): generic terms, customary indications, descriptive terms, well-known geographic names, common surnames, simple or common signs, and other non-distinctive marks. Acquired distinctiveness through pre-filing use can rescue an otherwise descriptive mark under Article 33(2) if the public widely identifies the goods with one source.

Coexistence Consent: A New Path Since May 2024

If a prior similar registration is blocking, the coexistence-consent system that took effect on May 1, 2024 (proviso to Trademark Act Article 34(1)(vii)) opens a new path. The owner of the cited prior registration can sign a consent letter, allowing the later mark to register despite identical or similar mark/goods. The mechanism mirrors systems already in place in the US, EU, Taiwan, and Singapore.

KIPO reports over 600 consents filed in the first six months and over 200 resulting registrations. The tool is especially useful when a foreign parent and a Korean affiliate or licensee have separate marks that overlap, or when intra-group affiliates collide.

Filing Routes for Foreign Applicants

Foreign applicants enter Korea through one of two routes: a national filing through a Korean attorney, or a Madrid Protocol international registration designating Korea. Tradeoffs are summarized below.

Frequently Asked Questions

Q. Can I file without prior use in Korea?

Yes. Korea is a registration country, and use is not a registration requirement. However, demonstrating use supports an accelerated-examination request and reduces non-use cancellation exposure. Any party can petition cancellation under Article 119(1)(iii) if a registered mark is not used in Korea for three or more years without justification.

Q. Can I register my Roman-letter mark as is?

Yes. Roman letters, numerals, and figures all register. But one or two common letters or simple numbers are typically refused for lack of distinctiveness; combine with a logo or coined word. Filing a Korean transliteration alongside the original is a common defense against local copycats.

Q. When does the priority window close?

Paris Convention priority for a trademark is six months from the home filing date, half the 12-month patent window. Submit the certified priority document within three months of the Korean filing or use the DAS electronic exchange.

Q. Can a single application cover multiple classes?

Yes. Korea allows multi-class filings. Fees scale per class, and rejections may be class-by-class, so partial registration across some classes is common.

Q. What is the damages exposure for trademark infringement in Korea?

Korea allows punitive damages of up to five times the actual damages for willful infringement, raised from three times under the 2025 amendment to Trademark Act Article 110(7). The new cap applies to violations occurring six months after promulgation. Damages calculations rely on infringer profits, reasonable royalty, or statutory damages.