Opposition is available.

The following grounds are admissible for opposition:

- Relative grounds (based on proprietary rights, e.g., conflicting prior registration);

- Absolute grounds (based on non-proprietary rights, e.g., descriptiveness);

- Bad faith issues. A mark that is identical or similar to a local or foreign person’s well-known mark and that is intended to be used for unjust benefits or to injure such other person will not be registered. Some examples of seeking unjust benefits or having intent to injure a specific person are: a case in which a person files a trademark application for a mark identical or similar to a foreigner’s unregistered mark in order to prevent such foreigner from conducting business in Korea or to force him to grant a distributorship to the applicant; and a case in which a person files a trademark application for a mark identical or similar to a well-known mark with the intent to dilute the function of such well-known mark, even if there is no likelihood of confusion (Article 7-1-12 of the Trademark Act).

- Breach of copyright. There are no statutory provisions as to whether breach of copyright leads to rejection of a trademark registration. However, according to trademark examination and court precedents, a mark that infringes another person’s well-known copyright is exceptionally rejected on the ground that such a mark is likely to contravene public order or morals (Article 7-1-4 of the Trademark Act). Irrespective of breach of copyright's being a ground of opposition, in order to legitimately use a registered mark, the owner of the registered trademark will have to obtain the consent from the holder of copyright that had been in effect prior to the filing date of the trademark application (Article 53 of the Trademark Act).

- Rights under Art. 6 bis (notorious or well-known mark) of the Paris Convention. The cited mark should be deemed as having been well known, preferably in Korea, prior to the filing date of the trademark registration to be canceled. The extent of the well-known status of the mark determines the scope of protection; a well-known trademark with a very high degree of being well known can be the basis of an opposition to a trademark registration in respect of even dissimilar goods.

- Rights under Art. 6 septies (registration in the name of the agent or other representative of the proprietor of the mark) of the Paris Convention. A distributor or a sales agent of the goods involving the trademark concerned is considered as being the agent or the representative of the proprietor.

- Rights in a company name. It is applicable only when the company name is deemed as having been well known in Korea prior to the filing date of the trademark application to be opposed (Article 7-1-6 of the Trademark Act).

- Rights under Art. 8 (trade names) of the Paris Convention. It is applicable only when the company name is deemed as having been well known in Korea prior to the filing date of the trademark application to be opposed (Article 7-1-6 of the Trademark Act).

Korea is a member of the Madrid Protocol.

International Registration extensions may be opposed as national applications.

International Registration extensions may be used as a basis for an opposition on relative grounds.

The opposition authority is part of the Trade Marks Registry/Office.

The approximate range of costs (official fees and attorney fees) to file (initiate) an opposition ranges from 2 million won to 3 million won.

Opposition takes place after official ex parte examination of an application.

The system includes substantive official examination of an unopposed application on both absolute and relative grounds.

Substantive official examination usually occurs between filing and advertisement/publication.

Substantive official examination of an opposed application may be conducted after an opposition has been concluded or otherwise disposed of, e.g., withdrawn.

Opposition is filed at the pre-grant stage.

The opposition process can delay the grant of the opposed application for six to twelve months.

Cancellation (or other equivalent action) is available if the opposition term (or any extension thereof) has expired.

The following grounds are admissible for cancellation:

- Relative grounds;

- Absolute grounds;

- Bad faith issues. A mark that is identical or similar to a local or foreign person’s well-known mark and that is intended to be used for unjust benefits or to injure such other person is subject to cancellation action, which can be brought by an interested party. Some examples in which one seeks unjust benefits or intends to injure a specific person are: a case in which a person files a trademark application for a mark identical or similar to a foreigner’s unregistered mark in order to prevent such foreigner from conducting business in Korea or to force him to grant a distributorship to the applicant; a case in which a person files a trademark application for a mark identical or similar to a well-known mark with the intent to dilute the function of such well-known mark, even if there is no likelihood of confusion (Article 7-1-12 of the Trademark Act).

- Breach of copyright. Korea does not have statutory provisions as to whether breach of breach of copyright can cancel a trademark registration. However, according to trademark examination and court precedents, a mark that infringes another person’s well-known breach of copyright is exceptionally subject to cancellation action on the ground that such a mark is likely to contravene public order or morals (Article 7-1-4 of the Trademark Act). Irrespective of breach of breach of copyright's being a ground of cancellation, in order to legitimately use a registered mark, the owner of the registered trademark will have to obtain the consent from the holder of a breach of copyright that had been in effect prior to the filing date of the trademark application (Article 53 of the Trademark Act).

- Rights under Art. 6 bis (notorious or well-known mark) of the Paris Convention. The cited mark should be deemed as having been well-known preferably in Korea prior to the filing date of the trademark registration to be cancelled. The extent of the well-known status of the mark determines the scope of protection; a well-known trademark with a very high degree of being well known can be the basis of cancellation of a trademark registration even in respect of dissimilar goods.

- Rights under Art. 6 septies (registration in the name of the agent or other representative of the proprietor of the mark) of the Paris Convention;

- Rights in a company name. Applicable only when the company name is deemed as having been well known in Korea prior to the filing date of the trademark registration to be canceled (Article 7-1-6 of the Trademark Act).

- Rights under Art. 8 (trade names) of the Paris Convention. Applicable only when the company name is deemed as having been well known in Korea prior to the filing date of the trademark registration to be canceled (Article 7-1-6 of the Trademark Act).

- Additional grounds that can be raised in cancellation proceedings include:

1) Non-use can be raised in cancellation proceedings. The term of non-use is calculated back from the date of filing of the cancellation action and up to the date of the trademark registration concerned. It is a continuous period of three years.
 
2) A changed use of a registered mark resulting in misunderstanding or confusion as to the source or quality of goods in relation to another person's registered or well-known mark.

3) Where a licensee of the registered trademark has used that trademark in a manner likely to cause confusion as to the quality or origin of goods, provided, however, that this provision does not apply where the owner of the registered trademark shows that he has taken reasonable care to regulate the use of the trademark by the licensee.

4) Where similar trademarks belong to different persons having a trademark right due to assignments of a trademark right, and one of them misleads consumers as to the quality of goods or causes consumer confusion with respect to goods of another person by using his own registered trademark upon goods identical or similar to the designated goods of his own registered trademark for the purposes of practicing unfair competition.

5) Where trademarks are contrary to public order or morality.

6) Trademarks containing the name, title or trade name, portrait, signature or seal, famous pseudonym, professional name or pen name of well-known persons, or an abbreviation thereof; however, this provision shall not apply where the consent of the person concerned has been obtained.

7) Trademarks composed of a mark that is identical with, or similar to, a medal, certificate of merit or decoration awarded at an exhibition.

8) Trademarks that are liable to mislead or deceive consumers as to the quality of the goods.

9) Trademarks consisting of geographical indications or including such indications with regard to the origin of wines or spirits, or other similar goods.

Cancellation action must be taken by varied times depending on the grounds of cancellation:

1) Non-use cancellation action can be taken any time before the use of the registered mark concerned has been resumed.

2) Cancellation action on the basis of changed use of a registered mark, licensee’s misuse of a registered mark, or assignment of a similar mark thereby causing confusion must be taken before the expiration of the three-year period from the date when the alleged facts ceased to exist.

3) Cancellation action on the basis of relative grounds, absolute grounds, rights under Art.6. bis (notorious or well known marks) of the Paris Convention, rights under Art. 6 /i>septies (registration in the name of the agent or other representative of the proprietor of the mark) of the Paris Convention, or company name or trade name grounds, trademarks consisting of geographical indications with respect to the origin of wines or spirits must be taken before the expiration of the five-year period following the trademark registration to be canceled.

4) Cancellation action can be taken anytime on the basis of bad-faith issues, highly well-known copyright (in contravention of public order of morality), rights under Art. 6 bis (notorious or well known marks with very high degree of being well known) of the Paris Convention, misleading or deceiving consumers regarding quality of goods.

Statutes of limitation or acquiescence provisions can prevent a cancellation action.

Reasons to consider cancellation proceedings to be preferable to opposition proceedings include: Cancellation proceedings are not necessarily preferable to opposition proceedings. Opposition proceedings are preferable to cancellation proceedings in terms of costs and complexity of procedures, whereas cancellation proceedings are preferable in terms of the level of experience of deciding officers. In terms of grounds, cancellation proceedings are more available as facts that occurred after the registration of the trademark would constitute grounds of cancellation proceedings (e.g., non-use, misuse or changed use of the mark, etc.). Opposition proceedings are preferable in that any person can bring an opposition action, whereas only an interested party or an examiner may initiate the cancellation action.

The cancellation authority is independent of the Trade Marks Registry/Office. The Korea Intellectual Property Tribunal (KIPT) under the auspices of the Korea Intellectual Property Office (KIPO) reviews the first instance of cancellation proceedings. The second and the third instances of cancellation proceedings are heard or reviewed by the Patent Court and the Supreme Court.

There are procedures for official consideration of informal observations or letters of protest to raise an objection to grant in lieu of opposition.

Informal observations must be submitted by the time the examiner issues a notice of registration decision.

Informal observations must be made to the Trade Marks Registry/Office.

Grounds raised typically include: The grounds of informal observations or letters of protest could be the same as the grounds of refusal or opposition.

Comments on general effectiveness: Informal observations or letters of protest should be prepared in the form of "Provision of Information." The examiner is supposed to review the Provision of Information in the course of the examination of the trademark application concerned and to decide whether he should utilize it to reject the trademark application concerned. According to KIPO's Trademark Examination Standard, he should notify the provider of the Information of whether he actually utilized the information as provided at the time he issues a Notice of Publication or Preliminary Rejection. Informal observations and letters of protest are considered as being reasonably effective so long as the grounds are clear and evident. However, opposition proceedings are preferable in that effective argument and/or rebuttal can be submitted and the examiners should issue an Opposition Decision with reasoning, which is otherwise neither possible nor required.

There is a fixed opposition term.

With respect to national registrations in Korea, the opposition term lasts 30 days from the publication date in the Trademark Gazette. Please note that the period of opposition is not one calendar month but 30 days.

With respect to International Registrations extending to Korea, the opposition term lasts 30 days from the publication date in the Trademark Gazette. Please note that the period of opposition is not one calendar month but 30 days.

Once opposition to an International Registration extending to Korea has been filed, there is no difference between that process and that for national registrations.

The initial opposition term is not extendable.

An opposition deadline that falls on a Saturday, Sunday, or local public holiday may be met by action on the next normal business day.

Standing to oppose extends to any person. It is not limited to interested parties.

The opponent need not have relevant prior rights.

Relevant prior rights need not be local established rights.

There are situations in which relevant prior rights can be those established only in other countries–where the opposition is based on bad faith issues, breach of copyright, rights under Art. 6 bis (notorious or well-known mark) of the Paris Convention, or rights under Art. 6 septies (registration in the name of the agent or other representative of the proprietor of the mark) of the Paris Convention.

An unregistered assignee of a relevant prior right may be a valid opponent.

A licensee of a relevant prior right may be a valid opponent.

A holding company may be a valid opponent.

Two or more opponents may jointly file a single opposition.

A parent company and its trading subsidiary may be indicated together as opponents in a single joint opposition.

Two otherwise unrelated companies may file a single joint opposition.

To initiate the filing of an opposition and meet the opposition deadline the absolute minimum documentation/detail required is: an application for opposition listing grounds of opposition referring to relevant provisions of laws. A pro forma opposition simply listing grounds of opposition without detailed reasoning suffices to initiate filing of an opposition and meet the opposition deadline.

Additional documentation/details that are required to initiate an opposition but may be provided after the opposition deadline include: detailed reasoning for the grounds of opposition with evidentiary documents such as a certified copy of the trademark registration, and evidence of notoriety such as copies of foreign trademark registrations, a notarized list or notarized computer printout of the opponent’s worldwide trademark/service mark registrations irrespective of classes, worldwide advertising materials (TV, newspapers, magazines, etc.) concerning relevant products from preferably prior to the filing date of the opposed mark, advertising expenses around the world for the past few years, business and/or sales reports of products, newspaper/magazine articles dealing with the success of the mark concerned, and/or precedents recognizing the well-known status of mark abroad.

Additional documentation must be provided within 30 days from the expiration of the time limit for filing the notice of opposition. In the case of a foreign opponent, the term for providing additional details/documentation can be extended twice for one month each time upon request.

Additional grounds of opposition may be added after an opposition has been filed. There are no express statutory provisions in this respect. Theoretically, it is not possible to formally add grounds of opposition after the expiration of the term. However, opposition proceedings are part of the process of the examination of the trademark application concerned. An examiner is empowered to reject an application, even on his own initiative, with giving the applicant an opportunity to file an argument. Thus, in practice, if additional grounds of opposition are added, a copy of the supplement therefor will be served on the applicant to give him the opportunity to rebut.

The executed power of attorney must be submitted within the period as designated by the examiner. Normally the examiner designates a two-month term following the filing of the opposition. This term can be extended twice for one month each time upon request.

Notarization/legalization of opposition documentation is required.

Relevant circumstances and deadlines are: The power of attorney need not be notarized or legalized. Where the evidentiary documentation supporting the merits of opposition lacks objectiveness, such documentation must be notarized and submitted within 30 days of the expiration of the time limit for filing the notice of opposition. In case the opponent is a foreigner, this term can be extended twice for one month each time upon request.

The following procedural stages apply as indicated:
(Note: A "Yes" following a stage indicates that it applies, a "No" indicates that it does not apply.)

Formal Response: Yes

The applicant is required to make a formal response (e.g., counterstatement or observations) to the opposition in order to maintain his application. However, the failure to make a formal response does not necessarily lead to automatic loss of the opposed application. The examiners may render the opposition decision in favor of the applicant even in the absence of a formal response.

The response must consist of both argument and evidence.

The official term for this stage is, as usually designated by the examiner, two months from the date of receipt of the opposition.

This term is extendable twice for one month each time upon request.

Documentation or evidence required includes: No documentation or evidence is officially required. In practice, any documentation or evidence supporting the argument in the response is submitted.

The approximate range of costs (official fees and attorney fees) incurred is 2 million won to 3 million won.

Opponent's Evidence: Yes

The official term for this stage is not applicable in that there is no separate procedure for opponent's evidence. It should be submitted within 30 days from the expiration of the time limit for filing the notice of opposition.

That term is extendable if the opponent is a foreigner, for one month upon request.

Documentation or evidence required includes, in practice, any documentation or evidence supporting the opposition, such as a certified copy of the trademark registration, and evidence of notoriety such as: a copy of all foreign trademark registrations; a notarized list or notarized computer printout of all of the opponent’s trademark/service mark registrations irrespective of classes; advertising materials (TV, newspapers, magazines, etc.) concerning relevant products from around the world, and preferably in Korea, from prior to the filing date of the opposed mark; amounts of worldwide advertising expenses prior to the filing date of the opposed mark; business and/or sales reports of products, preferably in Korea, prior to the filing date of the opposed mark; newspaper/magazine articles dealing with the success of the mark concerned; and/or precedents recognizing the notoriety or well-known status of the mark abroad.

The approximate range of costs (official fees and attorney fees) incurred is from 700,000 won to 1 million won.

Applicant's Evidence: Yes

The official term for this stage is not applicable in that there is no separate procedure for applicant's evidence. It should be submitted within the time limit for filing the response as designated by the examiner–usually a two-month term from the date of receipt of the opposition.

That term is extendable twice for one month each time upon request.

Documentation or evidence required includes: None. No documentation or evidence is officially required. In practice, any documentation or evidence supporting the argument in the response is submitted.

The approximate range of costs (official fees and attorney fees) incurred is from 700,000 won to 1 million won.

Opponent's Evidence-in-Reply/Rebuttal Evidence: Yes

There is no fixed term for this stage. However, submission of any necessary evidence-in-reply or rebuttal evidence is required as soon as possible in that examiners may conclude the opposition decision at any time after they consider the case mature. In practice, it is required to file within one month following the receipt of the response.

Documentation or evidence required includes: None. No documentation or evidence is officially required. In practice, any documentation or evidence rebutting the response is submitted.

The approximate range of costs (official fees and attorney fees) incurred is from 700,000 won to 1 million won.

Proof of Use of Opponent's Mark: No

Hearing: 

A hearing is not available.

Monetary bonds or other surety are not required of foreign opponents.

In subsequent equivalent infringement proceedings, an opposition decision may be taken into account by a court.

Particular local requirements that are not common in other jurisdictions or widely familiar to foreign practitioners include: Korea uses two different terms in cancellation proceedings depending on the grounds, i.e., invalidation action and cancellation action. However, the term "cancellation proceedings" as used in this survey refers to both. The invalidation action, in most cases, can be based on the facts at the time of filing/registering the mark concerned, whereas the cancellation action can be based on the facts as they occurred after registration of the trademark. Once an original registration has been finally and conclusively invalidated in an invalidation action, in general, the registration is regarded as never having been granted. In contrast, if a trademark registration is finally and conclusively canceled in a cancellation action, the trademark right will be extinguished from the time when the cancellation decision becomes final and conclusive.

Key considerations in deciding whether or not to oppose include: 1) Check the possibility of counterattack against the opponent’s cited mark by way of a non-use cancellation action (for three-year period), although submission of proof of use of the opponent's mark in opposition proceedings is not required. 2) Check likelihood of confusion in terms of similarity of marks and goods concerned. 3) Check extent of the notoriety of the opponent’s mark in terms of time (prior to the filing date of the adversary mark) and place (in most cases, it is required to have been well known in Korea) in the event that the opposition is to be based on the notoriety of the opponent’s mark.

Important changes in relevant law are not anticipated in the near future.

The Republic of Korea (South Korea) is not a party to the Madrid Agreement.

The South Korea has acceded to the Madrid Protocol.

The South Korea acceded to the Protocol on January 10, 2003.

The Protocol came into force on April 10, 2003.

The Protocol, as a whole, is self-executing (i.e., directly applicable without the need of implementing legislation.

The following specific National legislation implements the Protocol: There are certain provisions of Korean Trademark Act (TMA) that cover the same provisions as the Protocol (Article 86-2 to Article 86-42 of TMA).

No other National legislation refers to the Protocol.

The National Office of South Korea currently presents an International Filing to the WIPO International Bureau by means of electronic communication (i.e., e-filing).

The National Office of South Korea (KIPO) forwards official communications to the holder of an International Registration and to the WIPO International Bureau, but not to the holder's appointed representative. However, in case that a national representative is appointed by the holder at KIPO, KIPO forwards official communications to the holder's national representative instead of the holder.

The National Office records or publishes International Registrations that have been extended to this jurisdiction.

South Korea declared that it acceded to the Protocol in accordance with Arts. 5(2)(b) and (c) and Art. 8(7)(a) thereof.

The practical consequences of such declarations or notifications are: South Korea elected to extend the time limit to notify a refusal of protection to 18 months and that, where a refusal of protection results from an opposition to the granting of protection, such notification may be given after the expiry of the 18-month time limit. South Korea has elected to receive a National fee in lieu of a share of complementary and supplemental fees in connection with any International Application or extension designating South Korea.

Not applicable.

The National Office automatically certifies the existence and particulars of the basic National Application/Registration.

The applicant may not order proof/evidence of the existence and particulars of the basic National Application/Registration concurrently with the filing of a request for an International Registration.

There is no separate charge for providing such proof/evidence.
 
The National Office charges a handling fee.

The amount of that fee is: written application - KW 12,000; electronic application - KW 5,000; written renewal application - KW 10,000; electronic renewal application - KW 3,000.

The applicant may not pay the National handling fee and the initial International Registration Filing, supplemental and complementary fees through an account with the National Office.
 
For National handling fees, the following other methods of payment are permitted when making International Filings through the National Office: currency or check at the bank.
For WIPO fees (in addition to methods of direct payment to the International Bureau), the following other methods of payment are permitted when making International Filings through the National Office: none.

All WIPO fees must be paid directly to WIPO.

For National handling fees, the most common method of payment is currency.

For WIPO fees, the most common method of payment is direct payment to WIPO.

The National Office automatically certifies the continuing existence of the original basic National Registration when it presents a request for extension of an International Registration to the International Bureau.

There is no separate charge for providing such certification.

The usual time for the National Office to report the first examination of either an incoming initial International Filing or the extension to South Korea of an existing International Registration is within nine months of receipt from WIPO.

Applications for International Filings (including extensions) are examined in the same order, with respect to filing date, as National Applications.

They are examined by a specialized section of the National Office.

The National Office performs an anteriority search and, based on the search results, issues an official citation.

In the case of the Madrid Protocol, South Korea has adopted the 18-month period for reporting an initial refusal of an International Registration.

The National Office examines incoming International Registration extensions on absolute grounds (i.e., inherent registrability).

The National Office examines incoming International Registration extensions on relative grounds (i.e., conflicts with third party marks).

In the case of a cited International Registration, a pertinent citation to a mark owned by a third party will not be withdrawn even with the consent of the owner of the cited mark.

In the case of a cited National Registration, a pertinent citation to a mark owned by a third party will not be withdrawn even with the consent of the owner of the cited mark.

For cited International Registrations, the following means are available for obtaining withdrawal of a citation: (1) Limitation of goods/services; (2) written arguments; (3) hearings.

For cited National Registrations, the following means are available for obtaining withdrawal of a citation: (1) Limitation of goods/services; (2) written arguments; (3) hearings.

The most commonly raised objections by the National Office to an incoming International Registration extension are: (i) classification questions; (ii) specification of goods/services; (iii) descriptiveness/misdescriptiveness; (iv) conflicts with third party marks.

Designation of a WIPO class heading is not sufficient; specific goods or services must be listed.

These objections are also the most common in the case of National Applications.

The time limit for responding to an official objection to an incoming International Registration extension is two months.
 
The time limit begins to run from receipt of notice of an official objection.

The time limit is the same as in the case of a National Application.

The differences are: extensions of time can be obtained for National Applications, but not for International Applications.

Extensions of time to reply to an official objection to an incoming International Registration extension may not be obtained.

A corporate proprietor acting without local representation and with a local address may respond to an objection to an incoming International Registration extension by the National Office.

A corporate proprietor acting without local representation and without a local address may not respond to an objection to an incoming International Registration extension by the National Office.
 
Differences in rules or requirements in the instance of an objection to a National Application: none.

An individual proprietor acting without local representation and with a local address may respond to an objection to an incoming International Registration extension by the National Office.

An individual proprietor acting without local representation and without a local address may not respond to an objection to an incoming International Registration extension by the National Office.
 
Differences in rules or requirements in the instance of an objection to a National Application: none.

A lawyer qualified in South Korea may respond to an objection to an incoming International Registration extension by the National Office.
 
The lawyer must have the following qualifications: patent or trademark attorney qualified in Korean Law and registered in the Korean Intellectual Property Office.

Differences in rules or requirements in the instance of an objection to a National Application: none.

A trademark agent or other practitioner authorized to practice in trademark matters in South Korea may not respond to an objection to an incoming International Registration extension by the National Office.

Differences in rules or requirements in the instance of an objection to a National Application: none.

A lawyer qualified in another jurisdiction may not respond to an objection to an incoming International Registration extension by the National Office.

A lawyer qualified in another jurisdiction with a local address in South Korea may not respond to an objection to an incoming International Registration extension by the National Office.

A lawyer qualified in another jurisdiction without a local address in South Korea may not respond to an objection to an incoming International Registration extension by the National Office.
 
Differences in rules or requirements in the instance of an objection to a National Application are as follows: none.
A trademark agent qualified in another jurisdiction may not respond to an objection to an incoming International Registration extension by the National Office.

A trademark agent qualified in another jurisdiction with a local address in South Korea may not respond to an objection to an incoming International Registration extension by the National Office.
 
A trademark agent qualified in another jurisdiction without a local address in South Korea may not respond to an objection to an incoming International Registration extension by the National Office.

Differences in rules or requirements in the instance of an objection to a National Application are as follows: none.

For National Filings, oral hearings in application proceedings are permitted.
 
For International Filings, oral hearings in application proceedings are permitted.

In the proceedings for National Filings, hearings generally are scheduled upon request by either the applicant or the examiner.

In the proceedings for International Filings, hearings generally are scheduled upon request by either the applicant or the examiner.

For National Filings, an applicant with a local address may act without a representative.

For International Filings, an applicant with a local address may act without a representative.

For National Filings, a representative of an applicant in the proceeding must have the following qualifications: patent or trademark attorney qualified in Korean Law and registered in the Korean Intellectual Property Office.

For International Filings, a representative of an applicant in the proceeding must have the following qualifications: patent or trademark attorney qualified in Korean Law and registered in the Korean Intellectual Property Office.

For National Filings, the National Office usually renders an initial decision within one or two months after final submissions or oral hearings.

For International Filings, the National Office usually renders an initial decision within one or two months after final submissions or oral hearings.
 
For National Filings, there is a procedure for appeal from such decisions to either the National Office or a different authority.

For International Filings, there is a procedure for appeal from such decisions to either the National Office or a different authority.

For National Filings, the appeal procedure is as follows: an appeal may be filed with the Korean Intellectual Property Tribunal.

For International Filings, the appeal procedure is as follows: an appeal may be filed with the Korean Intellectual Property Tribunal.

For National Filings, an applicant may take the following steps, other than filing a formal appeal, to permit an application to proceed: none.

For International Filings, an applicant may take the following steps, other than filing a formal appeal, to permit an application to proceed: none.

Applicable law or practice allows third parties to lodge informal observations or letters of protest to raise objections to pending applications.
For International Applications, any party may make such an objection.

For National Applications, any party may make such an objection.

For International Applications, such an objection may be made prior to publication of the mark.

For National Applications, such an objection may be made prior to publication of the mark.

For International Applications, such an objection may be made on the following grounds: (i) descriptiveness; (ii) deceptiveness / misdescriptiveness; (iii) genericness; (iv) geographical meaning or deceptiveness; (v) suggestion of connection with the objecting party; (vi) any other ground for refusal of a trademark registration under the Korean Trademark Act.

For National Applications, such an objection may be made on the following grounds: (i) descriptiveness; (ii) deceptiveness / misdescriptiveness; (iii) genericness; (iv) geographical meaning or deceptiveness; (v) suggestion of connection with the objecting party; (vi) any other ground for refusal of a trademark registration under the Korean Trademark Act.

For International Applications, the following proof/evidence may be submitted: any relevant evidence.

For National Applications, the following proof/evidence may be submitted: any relevant evidence.

For International Applications, the National Office will inform the objecting party of the action that has been taken pursuant to the objection.

For National Applications, the National Office will inform the objecting party of the action that has been taken pursuant to the objection.

An application for an International Registration is published in a local publication in addition to being published in the WIPO Gazette of International Marks.

The name of the publication is: Gazette of Published Trademarks.
 
The purpose of this publication is: to provide notice of pending trademarks to allow for opposition.

The National Office issues a communication to the holder of an International Registration informing the holder that the International Registration has been accepted/published.

Proof of use of the mark in South Korea is not required prior to completion of extension of protection in South Korea.

Proof of use of the mark in other jurisdictions is not required prior to completion of extension of protection in South Korea.
 
The National Office does not issue a communication to the holder of an International Registration informing the holder that the International Registration has successfully passed the period for possible oppositions.

The National Office issues a communication to the holder of an International Registration informing the holder that the International Registration is now protected in South Korea.

South Korea issues a separate certificate of registration evidencing the extension of protection to South Korea.

When the National Office receives a request for transformation to a National Application, it is treated as a new National Application with the priority of the Madrid Registration.

A pending International Extension Application is examined anew under National law. An existing International Registration that has already been extended to South Korea is automatically transformed into a National Registration without any further examination.
 
The first examination report is not issued on an expedited basis; it takes about the same amount of time as an initial National Application.

It is published for opposition under National law.

It is not automatically transformed into a National Registration, except as noted above.

A separate National certificate of registration is issued.

South Korea provides a separate certificate of registration for a Madrid Protocol extension to South Korea. The request for transformation to a National Application does not affect the validity of that separate certificate of registration.

The average length of time from the initial request for transformation to the grant of a National Registration, if no objection is encountered, is about one year.

A request for transformation does not affect any existing proceedings.

South Korea has an opposition procedure.

For National Applications, the duration of the opposition period is 30 days.

For International Applications, the duration of the opposition period is 30 days.

For National Applications, the opposition term is calculated from the publication date of an application.

For International Applications, the opposition term is calculated from the publication date of an application.

Extensions of the opposition period are not permitted.

Practice and procedure in regard to extensions generally are not the same for National and International Filings.

Although no extension is permitted to file a notice of opposition and initiate a case with regard to National Applications, once the matter is opened, extensions of time are permitted for the filing of briefs. However, no such extensions are permitted in cases involving International Applications.

For National Filings, standing to oppose extends to any interested party.

For International Filings, standing to oppose extends to any interested party.

The following relative grounds may be asserted in an opposition: conflict with any third party's mark; wrongful registration in bad faith by distributor, etc.

The following absolute grounds may be asserted in an opposition: non-distinctiveness, descriptiveness, etc.

The grounds for opposing an incoming International Registration extension are the same as those for opposing a National Filing.

For National Filings, the opponent must submit the following evidence to show ownership of the mark on which the opposition is based: certificate of registration.

For International Filings, the opponent must submit the following evidence to show ownership of the mark on which the opposition is based: certificate of registration.

For National Filings, such evidence must be submitted when the opposition brief is filed. However, if the applicant responds to the opposition, the opposer can then submit supplemental evidence in rebuttal.

For International Filings, such evidence must be submitted when the opposition brief is filed. However, if the applicant responds to the opposition, the opposer can then submit supplemental evidence in rebuttal.

For National Filings, responsive evidence must be submitted in accordance with the schedule set by KIPO, usually between one and two months after receipt of the opposition brief.

For International Filings, responsive evidence must be submitted in accordance with the schedule set by KIPO, usually between one and two months after receipt of the opposition brief.

For National Filings, the following extensions of time for such submissions are available: a single extension of two months is available to submit the opposition brief.
 
For International Filings, the following extensions of time for such submissions are available: none.

The opponent may not be called upon to submit proof/evidence of use of a mark on which the opposition is based.

For National Filings, written arguments must be submitted.

For International Filings, written arguments must be submitted.

For National Fillings, such arguments must be submitted before the deadline for filing an opposition brief and evidence. This is within 30 days and is extendible by two months.
 
For International Filings, such arguments must be submitted before the deadline for filing an opposition brief and evidence. This is within 30 days and is extendible by two months.

Failure to submit arguments will result in: dismissal of opposition.
 
For National Fillings, responsive arguments must be submitted

For International Filings, responsive arguments must be submitted

For National Filings, extensions of time for such submissions are available.

For International Filings, no extensions of time for such submissions are available.

For National Filings, oral hearings are not permitted in opposition proceedings.

For International Filings, oral hearings are not permitted in opposition proceedings.

For National Filings, the National Office usually renders the initial decision after final submissions or oral hearings.

For International Filings, the National Office usually renders the initial decision after final submissions or oral hearings.

For National Filings, there is a procedure for appeal from such decisions to either the National Office or a different authority.

For International Filings, there is a procedure for appeal from such decisions to either the National Office or a different authority.

For National Filings, the appeal procedure is: the applicant may appeal such decisions to the Korean Intellectual Property Tribunal. However, the opponent must file an invalidation action instead of filing an appeal of the opposition decision.

For International Filings, the appeal procedure is: the applicant may appeal such decisions to the Korean Intellectual Property Tribunal. However, the opponent must file an invalidation action instead of filing an appeal of the opposition decision.

A cancellation action may be filed or asserted in the following courts or administrative agencies: Korean Intellectual Property Tribunal.

Grounds for cancellation of International Filings are the same as for National Filings.

For National Filings, the grounds for such cancellation actions are: (i) earlier registered right; (ii) descriptiveness; (iii) deceptiveness / mis-descriptiveness; (iv) genericness; (v) geographical meaning or deceptiveness; (vi) suggestion of connection with the objecting party; (vii) non-use; (viii) consumer confusion.

For International Filings, the grounds for such cancellation actions are: (i) earlier registered right; (ii) descriptiveness; (iii) deceptiveness / mis-descriptiveness; (iv) genericness; (v) geographical meaning or deceptiveness; (vi) suggestion of connection with the objecting party; (vii) non-use; (viii) consumer confusion.

For National Filings, for all applicable grounds other than non-use, there are deadlines or limitation periods during which such actions may be filed.

For actions based on earlier registered rights, the statute of limitations is five years.

For International Filings, for all applicable grounds other than non-use, there are deadlines or limitation periods during which such actions may be filed.

For actions based on earlier registered rights, the statute of limitations is five years.
The non-use grace period is calculated from the date of the extension of the International Registration to South Korea.

For National Filings, standing to file a cancellation action extends to any interested party.

For International Filings, standing to file a cancellation action extends to any interested party.

There is no difference in the evidence needed to establish the grounds for cancellation of National as opposed to International Filings.

For National Filings, such evidence must be filed before the deadline for filing cancellation brief set by the Intellectual Property Tribunal (IPT). However, after filing first evidences, any other evidence can be filed any time before a decision is rendered.

For International Filings, such evidence must be filed before the deadline for filing cancellation brief set by the Intellectual Property Tribunal (IPT). However, after filing first evidences, any other evidence can be filed any time before a decision is rendered.

For National Filings, responsive proof/evidence must be submitted before the deadline for filing response brief set by the Intellectual Property Tribunal (IPT). However, after filing a first response, any other responsive evidence can be filed any time before a decision is rendered.

For International Filings, responsive proof/evidence must be submitted before the deadline for filing response brief set by the IPT. However, after filing a first response, any other responsive evidence can be filed any time before a decision is rendered.

For National Filings, the following extensions of time for such submissions are available: Extensions for the filing of a response by the registrant are granted solely in the discretion of the IPT.

For International Filings, the following extensions of time for such submissions are available: Extensions for the filing of a response by the registrant are granted solely in the discretion of the IPT.

For National Filings, written arguments must be submitted.

For International Filings, written arguments must be submitted.

For National Filings, such arguments must be submitted before the deadline for filing cancellation brief set by the Intellectual Property Tribunal (IPT). However, after filing first arguments, any other arguments can be filed any time before a decision is rendered.

For International Filings, such arguments must be submitted before the deadline for filing cancellation brief set by the Intellectual Property Tribunal (IPT). However, after filing first arguments, any other arguments can be filed any time before a decision is rendered.

For National Filings, responsive arguments must be submitted before the deadline for filing response brief set by the Intellectual Property Tribunal (IPT). However, after filing a first response, any other responsive arguments can be filed any time before a decision is rendered.

For International Filings, responsive arguments must be submitted must be submitted before the deadline for filing response brief set by the Intellectual Property Tribunal (IPT). However, after filing a first response, any other responsive arguments can be filed any time before a decision is rendered.

For National Filings, the following extensions of time for such submissions are available: Extensions for the filing of a response by the registrant are granted solely in the discretion of IPT.

For International Filings, the following extensions of time for such submissions are available: Extensions for the filing of a response by the registrant are granted solely in the discretion of IPT.

For National Filings, oral hearings are permitted in cancellation proceedings.

For International Filings, oral hearings are permitted in cancellation proceedings.

For National Filings, whether such hearings take place, and how much notice is provided, are determined by request of either the applicant or the examiner.

For International Filings, whether such hearings take place, and how much notice is provided, are determined by request of either the applicant or the examiner.

For National Filings, a party with local address may act without a representative. However, a party without local address may not act without a representative.
 
For International Filings, a party with local address may act without a representative. However, a party without local address may not act without a representative.

For National Filings, a representative of a party in the proceeding must have the following qualifications: patent or trademark attorney qualified under Korean Law and registered with KIPO.

For International Filings, a representative of a party in the proceeding must have the following qualifications: patent or trademark attorney qualified under Korean Law and registered with KIPO.

In relation to issues raised in this section, please note: unless a party has a local address, they must have a representative for all National or International Filings.

The National Office usually renders an initial decision between one and three months after final submissions or oral hearings.

For National Filings, there is a procedure for appeal from such decisions.

For International Filings, there is a procedure for appeal from such decisions.

For National Filings, the appeal procedure is to file an appeal to the Patent Court, with further appeal to the Supreme Court.

For International Filings, the appeal procedure is to file an appeal to the Patent Court, with further appeal to the Supreme Court.

For National Filings, no procedure is available in lieu of appeal.

For International Filings, no procedure is available in lieu of appeal.

Here is a local register on which assignments, changes of name, changes of address and mergers with respect to International Registrations may be found. There is no national requirement that all assignments in our jurisdiction be registered. As to registrations on the WIPO registry, the record of the local register is automatically changed.

The South Korea permits assignment of only part of the goods or services covered in a National Registration.

The South Korea permits assignment of only part of the goods or services covered in an International Registration.

The following restrictions are placed on such partial assignments in the case of National Registrations: all similar goods that are represented by a single trademark must be transferred together.

The following restrictions are placed on such partial assignments in the case of International Registrations: all similar goods that are represented by a single trademark must be transferred together.
 
Separate certificates are issued to the owners of a National Registration that has been partially assigned.

Separate certificates are issued to the owners of an International Registration that has been partially assigned.

The exercise of a trademark right covered by an International Registration cannot be regulated by competition laws enforced in South Korea.

For National Registrations, restrictions on assignments are as follows: (i) a joint owner of a trademark may not transfer his ownership rights without the consent of all of the other joint owners; (ii) a joint owner of a trademark may pledge his ownership rights without the consent of all the other joint owners; (iii) a collective mark may not be transferred except in the case of a merger of legal entities, in which case the authorization of the Commissioner of the Korean Industrial Property Office must first be obtained.

For International Registrations, restrictions on assignments are as follows: (i) a joint owner of a trademark may not transfer his ownership rights without the consent of all of the other joint owners; (ii) a joint owner of a trademark may pledge his ownership rights without the consent of all the other joint owners; (iii) a collective mark may not be transferred except in the case of a merger of legal entities, in which case the authorization of the Commissioner of the Korean Industrial Property Office must first be obtained.

For National Registrations, the effect of an assignment that is defective (i.e., ineffectual under local law) is that the registration is subject to cancellation.

For International Registrations, the effect of an assignment that is defective (i.e., ineffectual under local law) is that the registration is subject to cancellation.

If an assignment is defective, the previous registrant does not retain any ownership rights in the registration.

If an assignment is defective, the registration becomes invalid or restricted in some way.

Taxes are imposed by the fiscal authorities on the transfer of International Registration extensions.
 
The rate of taxation is KRW 10,800 per mark to record the transfer.
 
The rate is determined as follows: set fee.

The consequences of failure to pay such taxes are: the transfer will not be recorded.

The South Korea recognizes the central recordal of licenses with WIPO for all purposes under applicable National law.

The central recordal of licenses with WIPO takes priority over local recordal of licenses with KIPO.

The South Korea does not require local recordal of licenses.

Licenses need not be recorded against the extension of an International Registration in South Korea. 

There are consequences for the failure to record a license.
 
A licensee's use of an unrecorded license will support a registration extension against attack on the grounds of non-use.
 
Local fiscal authorities will not deny or restrict the right to remit royalties.

In the courts, the method of proving ownership and validity of a National Registration is: certificate of registration.

In administrative proceedings such as oppositions, the method of proving ownership and validity of a National Registration is: certificate of registration.

In the courts, the method of proving ownership and validity of an International Registration is: certificate of registration registered with KIPO.

In administrative proceedings such as oppositions, the method of proving ownership and validity of an International Registration is: certificate of registration registered with KIPO.

The date from which the proprietor may enforce exclusive rights in an International Registration is the date of registration with KIPO.

The National Office recognizes the ownership and validity of an International Registration in proceedings before it without requiring the submission of separate evidence.

The differences in proving ownership and validity of National Registrations and International Registrations before the National Office are: none.

The courts are not likely to enforce National Registrations more readily than International Registrations.

The National Office is not likely to enforce National Registrations more readily than International Registrations.

XII. Replacement of National Registration by Extension of Madrid Registration

Under Article 4bis (under which an existing National Registration is deemed to be replaced by a later extended International Registration), South Korea continues to maintain the National Registration.

Renewal of the International Registration is not deemed to be renewal of the National Registration.

KIPO maintains the National Registration and the International Registration separately.

The term of the National Registration is not changed to that of the International Registration.