Korean Trademark Expedited Examination: Cut Months Off Registration

A Korean trademark application typically takes 10-14 months from filing to registration. When that timeline does not match a launch, deal, or enforcement need, expedited examination brings a decision down to roughly two months. As of January 1, 2024, eligibility tightened — the old "prior-search-by-designated-agency" route is gone, so you need to fit one of the remaining substantive grounds.

What expedited examination is

Expedited examination is governed by the Trademark Act and KIPO's Notice on Expedited Examination Requests. It moves a granted request ahead of the normal queue and can be filed at the same time as the application or later, as long as substantive examination has not yet begun. If standard examination is within two months of starting anyway, KIPO may dismiss the request as unnecessary.

Eligibility — 2024 changes

Effective January 1, 2024, KIPO no longer accepts "prior search by a designated agency" as a basis for expedited examination. The old route had become the most common path, drove a surge in requests, and worsened the standard-examination backlog. The remaining grounds are narrower:

• Use or genuine intent to use the applied-for mark on all designated goods in Korea
• A third party is using an identical or similar mark on identical or similar goods without justification (typically evidenced by warning letters)
• Priority claims under treaties/agreements meeting specific conditions
• Other special circumstances KIPO recognizes as warranting expedited treatment

Filing process — four steps

1. Step 1: Prepare the form — the Form 2 expedited-examination request with a written statement of grounds
2. Step 2: Attach evidence — product photos, sales data, web captures, warning letters — matched to the cited ground
3. Step 3: Pay the fee — KRW 160,000 per class, payable at a designated bank
4. Step 4: File — submit to the KIPO Industrial Property Application Division (or the Seoul Office filing/registration division)

Fees and timing

The request fee is KRW 160,000 per class, on top of the regular filing fee. A three-class application thus carries KRW 480,000 in expedited fees. For deals with real time pressure — brand launches, supply contracts, government tenders — the eight-month acceleration usually pays back the fee easily.

If the request is granted, substantive examination begins within one to two weeks, and registration decisions typically issue one to two months after filing the request. If office actions arise, they follow the standard procedure — the speedup is in queue position, not in shortcutting examination itself.

Frequently asked questions

Does a granted expedited request guarantee registration?

No. Expedited examination only changes queue position; substantive grounds (lack of distinctiveness, conflict with prior marks, etc.) still apply. Run a KIPRIS clearance search before filing the request — speeding to a refusal still costs the same money.

If KIPO dismisses the request, is the fee refunded?

Generally no. If the cited ground is not met, or examination is too imminent for the request to add value, KIPO can dismiss it and the fee is forfeited. Don't gamble — if your evidence is thin, fix it before requesting.

Does this work for Madrid Protocol designations into Korea?

Yes — territorial extensions into Korea via Madrid can request expedited examination. The same eligibility grounds apply and Korean Trademark Act procedure governs, so a Korean attorney is effectively required. Foreign holders should prepare evidence with Korean-language explanations to streamline review.