If you decide to register a trademark in South Korea, it will be useful for you to learn about some regulative features in this jurisdiction.
Due to major changes in the legal framework of South Korea in the field of trademark protection, companies doing business in this country have the opportunity to distinguish their products in the local market among the products of many companies engaged in similar activities, make it recognizable to customers, secure your company from the unfair use of their trademarks.
Why register TM in South Korea?
Of course, the use of TM is possible without registration. But don't be surprised if the customs have problems during the export due to the absence of your trademark in the customs register. Or foreign competitors, due to the lack of protection of your TM in Korea, start to use them with minor changes. There are many cases like that. Therefore, before entering the Korean market, you should better ensure the protection of your brand by registering it.
Benefits for the right holder:
- No risk of banning your use of your trademark;
- Opportunity to receive additional profit through the transfer of rights to use the trademark under license agreements and franchise agreements;
- Opportunity to protect your interests and receive compensation for illegal use of the trademark.
How to register a TM in the Republic of Korea
Trademarks in South Korea are regulated by the Korean Intellectual Property Office.
Proceedings on international applications for TM are conducted in accordance with the Madrid Protocol.
To apply for trademark registration in South Korea it is recommended to invite a local lawyer. A power of attorney will also be required, but notarization or legalization is not needed.
Electronic registration is widely practiced. One does not need to search for trademarks before applying.
The trademark certificate is issued only after a successful opposition period.
Litigation to protect TM rights in South Korea
Protection of intellectual property rights in South Korea includes steps taken to restore the exclusive right by the right holder. It is important to note that the registration can be issued also to the holder of an exclusive license, and it is his business interests, in the first place, suffer.
In case of violation, the TM owner or his exclusive licensee may seek justice by filing a lawsuit or look for alternative ways to settle this problem. It is very popular to resolve South Korean TM disputes through ADR which is less time consuming than litigation.
If you plan to register intellectual property rights in South Korea, our specialists are at your service.
We are ready to provide advice on obtaining IPR protection in the Republic of Korea. Our highly qualified professionals directly control all stages of TM registration in South Korea. Also, if necessary, we provide recommendations for the peaceful resolution of TM disputes in South Korea.