Korean Trademark Search Before Filing: Articles 34 and 35

This page is for readers who plan a Korean trademark search before filing, want to search trademark in Korea, or use a Korea trademark database search. It summarizes the points in Articles 34 and 35 of the Trademark Act that a search can check.

1. Earlier registered marks

A mark identical or similar to another person's registered mark (other than a registered geographical indication collective mark) from an earlier application, used on goods identical or similar to its designated goods and services, cannot be registered (Article 34(1)(7) of the Trademark Act).

Registration is possible with that person's consent, except where the consent is for an identical mark on identical goods (Article 34(1)(7)).

2. Earlier applications

If two or more applications for identical or similar marks on identical or similar goods are filed on different days, the first filer may register the mark and, apart from the consent and geographical indication exceptions below, the later filers may not (Article 35(1) of the Trademark Act; exceptions in Article 35(5) and (6)). If they are filed on the same day, one applicant chosen by agreement among the applicants may register. If no agreement is reached or agreement is not possible, one applicant chosen by a lottery held by the head of MOIP may register (Article 35(2)).

An application that is abandoned, withdrawn or invalidated, or whose refusal decision or trial decision of refusal becomes final, is treated as never filed for these rules (Article 35(3)). With consent from the first filer or the chosen applicant, another applicant may also register, except where the consent is for an identical mark on identical goods (Article 35(6)). There are exceptions for some geographical indication collective mark applications (Article 35(5)).

3. Marks recognized by consumers

• A mark identical or similar to a mark (other than a geographical indication) widely recognized by consumers as indicating another person's goods, used on goods identical or similar to that person's goods (Article 34(1)(9) of the Trademark Act).
• A mark likely to cause confusion with another person's goods or business remarkably recognized by consumers, or to damage their distinctiveness or reputation (Article 34(1)(11)).
• A mark identical or similar to a mark (other than a geographical indication) recognized by consumers in Korea or abroad as indicating a specific person's goods, used for an unfair purpose such as seeking unfair profit or causing damage to that person (Article 34(1)(13)).

4. Marks known through a relationship

• A mark filed by a person who knew, through a partnership, employment or other contract, business dealings or another relationship, that another person uses or is preparing to use a mark, where the filed mark is identical or similar to it and filed for identical or similar goods (Article 34(1)(20) of the Trademark Act).
• A mark identical or similar to a mark registered in a treaty party, filed without the consent of the person holding rights in that registered mark, for goods identical or similar to its designated goods and services, by a person who has or had such a relationship with that right holder (Article 34(1)(21)).

5. Reference date

Article 34(1) is judged at the time of the decision to refuse registration (Article 54) or to register (Article 68), except that items 11, 13, 14, 20 and 21 are judged at the filing date; whether the applicant is the other person is still judged at the time of the decision (Article 34(2) of the Trademark Act).

Where a trial to cancel the registration is requested on the grounds in Article 119(1)(i) to (iii), (v), (v-2) and (vi) to (ix), and after the request date the trademark right expires at the end of its term, the owner abandons the right or part of the designated goods, or a decision to cancel the registration becomes final, the owner or a person using the owner's mark cannot register an identical or similar mark for identical or similar goods (for a geographical indication collective mark, goods recognized as identical) if it is filed in the period from the request date until 3 years have passed after the date of that event (Article 34(3)). Article 34(1) has further items, for example on national flags, famous names of other people and geographical indications, and some have exceptions (Article 34(1)).

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.