Korea Trademark Renewal: 10-Year Term, Filing Window, 6-Month Grace

A Korean trademark registration is not a one-and-done right. Ten years after the registration date the right lapses unless you file a separate renewal application under Trademark Act Article 83. Renewal can be repeated indefinitely, but a single missed deadline can let a third party register the same mark — and you cannot stop them.

Renewal is a "request" procedure, not an examined application. There is no substantive review; once you submit the renewal request and pay the official fee correctly, the right is renewed. That is precisely why most renewal failures are not legal but administrative — missed expiry dates, unpaid second installments, or a six-month grace period mistaken for the normal filing window. This guide walks through the deadlines, fees, and common pitfalls from a practitioner's perspective.

How the Renewal Term Works

Article 83(1) of the Trademark Act sets the term at 10 years from the registration date. Article 83(2) allows renewal in 10-year cycles by filing a renewal request. There is no cap on the number of renewals, so a Korean trademark can be maintained indefinitely as long as renewal is filed on time.

Renewal was simplified into a "request" procedure in the 2010s. Earlier law required a renewal application with use evidence; today, you only need to submit the renewal request form and pay the fee. The administrative discipline — calendar tracking, payment processing, mail receipt — is therefore entirely on the right holder.

For co-owned marks, the 2019-10-24 amendment lets a single co-owner file a renewal request alone, but only when renewing all designated goods as-is. Removing some designated goods at renewal still requires unanimous consent of the co-owners.

Key Deadlines: One-Year Window and Six-Month Grace

Article 84(2) requires the renewal request to be filed within one year before expiry. If the registration expires on August 7, 2027, the filing window is August 8, 2026 to August 7, 2027. The proviso to Article 84(2) gives a six-month grace period after expiry, but with a surcharge and a real risk of a rights gap during the lapse.

Renewal Fees and Split Payment

Renewal fees are charged per Nice class (Classes 1–45). Under the Patent Fee Collection Rules, normal renewal is KRW 310,000 per class and grace-period renewal is KRW 340,000 per class. Each designated good above 20 in a class adds KRW 2,000. Local tax of KRW 9,120 is separate and is paid in full with the first installment when split.

Split payment divides the 10-year fee into two five-year installments. The first is paid with the renewal request; the second must be paid within five years of the renewal date, with no separate grace window. Missing the second installment lapses the right at the five-year mark — which is the decisive trap of split payment for small portfolios.

If You Miss Renewal — There Is No Restoration

Once the six-month grace passes, the trademark lapses with finality. Korean law provides no restoration or revival. Re-filing is the only path, but if a third party files an identical or similar mark in the meantime, their application will take priority and you may not recover the same right.

A 2024-05-01 amendment added a refund provision: if the renewal fee was paid before expiry but the right is surrendered or lapses before the new term begins, the paid fee can be refunded. Useful when a business closes shortly after renewing.

Madrid International Registration — A Separate Track

If your Korean mark is also registered internationally under the Madrid System, renewal is filed directly with WIPO, not KIPO. The renewal cycle is 10 years from the international registration date; renewal can be filed up to six months early, with a six-month grace period after expiry. Grace-period renewal carries a 50% surcharge on the basic fee (currently CHF 326.50).

A common confusion: the Korean home registration and the Madrid international registration are separate rights with separate expiry dates and separate renewal channels. Renewing the home registration does not renew the Madrid registration. Both calendars must be managed independently.

Practical Checklist — Starting 12 Months Before Expiry

1. 12 months out: pull the registration certificate from KIPRIS, confirm expiry date, designated goods, and split payment status
2. 10 months out: separately verify any unpaid second installments on split-payment rights
3. 6–12 months out: file the renewal request and pay the normal fee (no surcharge)
4. 3 months out: any unfiled cases must go in immediately — this is the last clean window before grace
5. Within 6 months after expiry: file in the grace period only as a fallback (surcharge approx. KRW 30,000–81,000 per class)

FAQ

Q1. Should I renew a mark I'm not using?

Renewal itself does not depend on use — KIPO does not require use evidence at renewal. But a mark unused for 3+ consecutive years can be cancelled in a non-use cancellation trial under Article 119, so renewal alone does not stabilize the right. For marks you no longer plan to use, weigh renewal cost against the reduced enforcement value.

Q2. Can I renew only some of the designated goods?

Yes. The renewal request can list "goods to be excluded from renewal," letting you trim unused goods or services. This also reduces the per-item surcharge for classes with more than 20 designated goods. Note: for co-owned marks, partial exclusion still requires unanimous co-owner consent.

Q3. What if the registrant has changed at renewal time?

The renewal request is filed in the name of the registrant on record. If the actual right has been assigned or transferred via merger, complete the assignment recordal first, then file renewal. When both must be done, start at least six months before expiry to leave time for both procedures.

Q4. I noticed the lapse 8 months after expiry — can I recover?

If the six-month grace has also passed, the right is gone. Re-filing the same mark is the only option, and you should immediately check KIPRIS for any intervening third-party applications. If knockoffs are urgent, consider an accelerated examination request (KRW 160,000 per class).