Korean Trademark Invalidation Trial: Who, When, How
| Item | Rule |
|---|---|
| Who may file | An interested party or an examiner (Article 117(1) of the Trademark Act). |
| Where to file | The President of the Intellectual Property Trial and Appeal Board (Article 125(1)). |
| Scope | If the registered trademark has two or more designated goods and services, a request may be made for each of them (Article 117(1)). |
| When | A request is possible even after the trademark right has ceased to exist (Article 117(2)). Some grounds have a 5-year limit (Article 122(1)). |
| Effect | As a rule, the right is deemed never to have existed. Exceptions apply (Article 117(3)). |
| Appeal | Patent Court, within 30 days from the date a certified copy of the decision is served (Article 162(1), (3)). |
Grounds
A Korean trademark invalidation trial may be requested when a trademark registration, or a registration of additional designated goods and services, falls under any of these grounds (Article 117(1)):
- It violates provisions listed in item 1, among them Articles 3, 27 and 33 to 35 (Article 117(1)).
- It was made by a person who did not succeed to the right arising from the trademark application (Article 117(1)).
- An additional registration of designated goods and services violates Article 87(1) item 3 (Article 117(1)).
- It violates a treaty (Article 117(1)).
- After registration, the owner becomes a person who cannot enjoy a trademark right under Article 27, or the registered trademark comes to violate a treaty (Article 117(1)).
- After registration, the registered trademark comes to fall under any item of Article 33(1), except where it comes to fall under Article 33(2) (Article 117(1)).
- After a geographical indication collective mark is registered under Article 82, the geographical indication in it stops being protected or used in its country of origin (Article 117(1)).
Time limits
An invalidation trial against a trademark registration, a renewal registration or a reclassification registration based on Article 34(1) items 6 to 10 or 16, Article 35, Article 118(1) item 1 or Article 214(1) item 3 cannot be requested after 5 years have passed from the trademark registration date, the renewal registration date or the reclassification registration date (Article 122(1)).
Filing the petition
The petition states the parties' names and addresses (for a corporation, its name and business office location), the agent's details if there is an agent, the indication of the case, and the purpose and grounds of the request (Article 125(1)).
An amendment may not change the gist of the petition, except for correcting (including adding to) the trademark owner's entries, amending the grounds of the request, and one case that applies to trials to confirm the scope of rights (Article 125(2)).
When the trial is requested, the presiding judge of the trial notifies the exclusive licensee and other persons who have registered rights relating to the trademark (Article 117(5)).
Effect of a final decision
When a decision invalidating the registration becomes final, the trademark right is deemed never to have existed (Article 117(3)).
For the grounds in Article 117(1) items 5 to 7, the right is deemed not to have existed from the time the registered trademark came under that item (Article 117(3)).
If that time cannot be identified, the right is deemed not to have existed from the time the invalidation trial was requested and the content of the request was publicly notified in the register (Article 117(4)).
Repeat requests and appeal
- Once a trial decision becomes final, no one may request a trial again on the same case based on the same facts and the same evidence, unless the final decision was a dismissal decision (Article 150).
- A suit against a trial decision falls under the exclusive jurisdiction of the Patent Court (Article 162(1)).
- A suit under Article 162(1) may be filed by no one other than a party, an intervenor, or a person who applied to intervene in the trial or retrial and whose application was refused (Article 162(2)).
- The 30-day period cannot be changed, but the presiding judge may, on the judge's own authority and as set by Ordinance of the Prime Minister, add time for a person in an area that is hard to reach, such as an island or a remote area (Article 162(4)).
- A judgment of the Patent Court may be appealed to the Supreme Court (Article 162(7)).
IP DABOM services
IP DABOM uses public gazette data to list trademark filings in Korea.
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.