Korea Trademark Assignment: Transfer Rules and Recording
| Point | What the Trademark Act says |
|---|---|
| Partial transfer | A trademark right may be divided by designated goods and transferred, and similar designated goods are transferred together (Article 93(1) of the Trademark Act). |
| Co-owned right | Without the consent of all other co-owners, a co-owner may not assign its share, create a pledge on its share, or grant an exclusive or non-exclusive license (Article 93(2) and (3)). |
| Restricted rights | Business emblem rights, certain rights registered under Article 34(1) provisos, collective mark rights and certification mark rights have transfer limits, with exceptions (Article 93(4) to (7)). |
| Effect of transfer | A transfer does not take effect unless registered, except transfer by inheritance or other general succession (Article 96(1) of the Trademark Act, item 1). |
| Inheritance and general succession | Report to the head of the Ministry of Intellectual Property (MOIP) without delay (Article 96(2)). |
Transferring all or part of a Korean trademark
A Korea trademark assignment can cover part of the designated goods and services: the right may be divided by designated goods and transferred, but similar designated goods must be transferred together (Article 93(1)).
If a trademark right has two or more designated goods, the right may be divided by designated goods (Article 94(1) of the Trademark Act). If an invalidation trial under Article 117(1) has been requested, this division may be made until the trial decision becomes final, even after the right has been extinguished (Article 94(2)).
Co-owned trademark rights
- A co-owner may not assign its share, or create a pledge on its share, without the consent of all other co-owners (Article 93(2)).
- A co-owner may not grant an exclusive license or a non-exclusive license on the trademark right without the consent of all other co-owners (Article 93(3)).
Rights with transfer limits
- Business emblem right: may not be assigned, except when assigned together with the business (Article 93(4)).
- Rights registered under the provisos to Article 34(1), items 1(c), 1(d) and 3: may not be transferred, except when assigned together with the business related to the name, abbreviation or mark in those items (Article 93(5)).
- Collective mark right: may not be transferred, except in a merger of legal entities with permission of the head of MOIP (Article 93(6)).
- Certification mark right: may not be transferred, except a transfer together with the business to a person entitled to registration under Article 3(3), with permission of the head of MOIP (Article 93(7)).
No pledge may be created on any of these four kinds of rights (Article 93(8)).
Registering a Korean trademark ownership change
A transfer of a trademark right does not take effect unless it is registered; transfer by inheritance or other general succession is excluded (Article 96(1), item 1). The same applies to change, extinguishment by waiver, renewal of the term, conversion of goods classification, addition of designated goods, and restriction on disposal (Article 96(1), item 1).
For a pledge on a trademark right, creation, transfer, change, extinguishment and restriction on disposal also need registration to take effect; transfer by inheritance or other general succession and extinguishment by merger of rights are excluded (Article 96(1), item 2).
Inheritance and other general succession
When a trademark right or pledge listed in Article 96(1) passes by inheritance or other general succession, this must be reported to the head of MOIP without delay (Article 96(2)).
IP DABOM lists Korean trademark filings that are identical or similar to your brand. See trademarks open for opposition and recent filings.
To start monitoring your trademark in Korea, use this form. About the patent attorney and the firm: About.
Based on the Korean Trademark Act as in force on 2025-11-11. Written by Youngbong Yoo, Korean patent attorney (ESUNG IP&LAW FIRM).
This page is general information about the Korean system, not legal advice on a specific matter.