How to Register a Trademark in Korea: Process Steps
| Step | Key point |
|---|---|
| Filing | The applicant files the application with the head of MOIP (Article 36(1) of the Trademark Act). |
| Notice of grounds for refusal | Before deciding to refuse, the examiner must notify the applicant of the grounds for refusal. The applicant may file a written opinion within the period set by Ordinance of the Prime Minister (Article 55(1) of the Trademark Act). |
| Publication of the application | If no ground for refusal is found, the examiner must decide to publish, but publication may be omitted in some cases (Article 57(1) of the Trademark Act). After that decision, the head of MOIP sends a copy to the applicant and publishes the application in the Trademark Gazette (Article 57(2)). The files are open to the public at MOIP for 30 days from publication (Article 57(3)). |
| Decision to register | The examiner must decide to register when no ground for refusal is found (Article 68 of the Trademark Act). |
| Registration fee | A fee is paid for registration, renewal and adding designated goods and services. For registration and renewal, it may be paid in 2 installments (Article 72(1) of the Trademark Act). |
| Registration | The head of MOIP must register the right when the registration fee (the first installment, if paid in installments) is paid or made up (Article 82(2) of the Trademark Act). The right arises on registration (Article 82(1)). |
| Term | 10 years from registration, renewable for 10 years each time by a renewal application (Article 83(1) and (2) of the Trademark Act). |
Filing a Korea trademark application
The application states the applicant, any agent, the trademark, the designated goods and services and their class, the matters under Article 46(3) if priority is claimed, and other matters prescribed by Ordinance of the Prime Minister (Article 36(1)). It must also include a description of the mark (Article 36(2)).
Applicants for collective marks, certification marks, geographical indication collective marks, geographical indication certification marks and business emblems must attach extra documents (Article 36(3) to (6)).
Examination and refusal
The examiner must refuse an application that falls under any ground listed in Article 54, such as not meeting the legal definition of a trademark or breaching a treaty. If a ground applies to part of the designated goods and services, the refusal covers those goods and services alone (Article 54 of the Trademark Act).
The notice must give specific grounds and their basis for each designated good or service (Article 55(2)). An applicant who misses the opinion period may, within 2 months from the end of that period, request continued processing and file the opinion (Article 55(3)).
Publication and decision to register
Where some designated goods and services have grounds for refusal, the decision to publish and the decision to register are made after the refusal for those goods and services becomes final (Article 57(1), Article 68).
Registration fee
An interested party may pay the fee regardless of the wishes of the person who owes it (Article 72(2)). The fee amount, payment method, payment period and installments are set by Ordinance of the Prime Minister (Article 72(3)).
After registration, the head of MOIP publishes the registration in the Trademark Gazette (Article 82(3)).
Term and renewal
There is an exception to the 10-year term: if the second installment is not paid, or not made up, within the set period, the right ends 5 years after the registration date or renewal date (Article 83(3)).
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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.