The short answer
A trademark in South Korea lasts 10 years from the registration date and can be renewed for further 10-year terms. File the renewal within 1 year before expiry, or up to 6 months after expiry as a last chance. Anyone can oppose within 2 months of publication, and a registered mark can be cancelled if it is not used in Korea for 3 years in a row. A foreign applicant without an address in Korea must appoint a local trademark administrator (a Korean representative).
Trademark deadlines in South Korea at a glance
These periods come from the English text of the Korean Trademark Act published by the Korean Intellectual Property Office (KIPO). Article numbers can differ in the current Korean text, which has been renumbered since, so we confirm every deadline against the live law before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, then renewable in 10-year units (Article 42). |
| Which date does the term count from? | The date the trademark right is registered, not the filing date and not the priority date (Article 42(1)). |
| When can I renew? | Within 1 year before the term expires (Article 43(2)). |
| Is there a grace period? | Yes. If you miss that window you may still apply within 6 months after the term expires (Article 43(2)). Treat it as a last chance. |
| What if I paid in two instalments? | The right ends at 5 years if the second instalment is not paid in time (Article 42(3)). |
| Opposition period | 2 months from the date the application is published. Anyone may oppose (Article 25(1)). |
| Priority claim | 6 months from the first foreign filing, if your country recognises Korean priority (Article 20(2)). |
| Non-use cancellation | A registered mark can be cancelled if it was not used in Korea for 3 or more years in a row before the cancellation request, without a justifiable reason (Article 73(1)3). |
| Assignment | Takes effect only once it is registered with KIPO (Article 56(1)). |
| Reply to an office action | KIPO fixes the period in the notice. We diarise it the day it arrives. |
Who can register a trademark in South Korea
A person who uses, or intends to use, a trademark in Korea can apply (Article 3). Foreign individuals and companies can apply, subject to the usual reciprocity and treaty rules in Article 5-24.
Local representative required. A person with no address or place of business in Korea cannot take trademark procedures without a trademark administrator who has an address or place of business in Korea (Article 5-3). In practice a Korean patent attorney acts for you.
Trademark registration process in South Korea
Search the Korean register
- Check the KIPRIS database for identical or similar marks in your classes.
- Check that the mark is not merely descriptive or a common name of the goods (Article 6).
File the application
- One application per trademark, with the goods or services and their classes (Article 10).
- Claim foreign priority at filing if you filed in your home country in the last 6 months (Article 20).
Examination
- An examiner checks the application. If there is a problem you receive a notice of reasons for refusal and a period to respond.
- If no ground for refusal is found, the application is published.
Publication and opposition
- Anyone can file a written objection within 2 months of publication (Article 25).
- Without an objection, or after it fails, registration follows.
Pay the registration fee and register
- The fee can be paid for the full term, or in two instalments (Article 34(1) and Article 42(3)).
- The right comes into effect on registration (Article 41(1)).
Official fees change. We confirm the current KIPO fee schedule for the classes you need before we quote, so the figure you see is the one that applies on the day.
South Korea trademark validity and renewal
- The term is 10 years from the registration date.
- Renew within 1 year before expiry. This is the safe window.
- If you miss it, you have 6 months after expiry. Do not plan to use it.
- If a renewal is filed on time, the renewed term starts the day after the old one ends (Article 46).
Diarise the expiry date from the registration certificate, not from the filing date. This is the most common counting mistake for foreign owners.
Assignment, licence and changes to a Korean trademark
Assignment
Transfer of a trademark right
A trademark right may be transferred divided by goods, but similar goods must be transferred together (Article 54(1)). The transfer is effective only when registered (Article 56(1)).
Licence
Exclusive and non-exclusive licences
A licence has no effect against third parties unless it is registered (Article 58(1)).
Joint owners
Several owners
A joint owner cannot transfer a share or grant a licence without the consent of the others (Article 54).
Name or address
Change of the owner's details
Record the change with KIPO so the register and your renewal notices stay correct. Ask us for the current form.
Cancellation and non-use of a Korean trademark
Any person can request a cancellation trial if the owner, or a licensee, did not use the registered mark on the registered goods in Korea for 3 or more years in a row without a justifiable reason (Article 73(1)3). Use it, keep dated proof of use, and keep your licensees under control.
How to check a trademark in South Korea
Search and track Korean applications and registrations on KIPRIS, the KIPO search service. Check the publication date and the registration date, because the opposition period and the renewal clock start from different dates.
Sources used
- Trademark Act of the Republic of Korea, English text published by the Korean Intellectual Property Office (as amended up to Act No. 11113, 2011). Article numbers may differ in the current Korean text.
- WIPO Lex entry for the Korean Trademark Act, which lists newer consolidated texts.
South Korea trademark FAQ
How long does a trademark last in South Korea?
10 years, counted from the registration date. It can be renewed in further 10-year terms (Article 42).
When should I renew a Korean trademark, and is there a grace period?
Renew within 1 year before expiry. If you miss it, you can still apply within 6 months after expiry (Article 43(2)).
What is the opposition period in South Korea?
2 months from the date the application is published (Article 25(1)).
How much does it cost to register a trademark in South Korea?
The official fee depends on the number of classes and changes from time to time. We confirm the current KIPO schedule and quote you the full cost before filing.
Can a foreign company register a trademark in South Korea?
Yes. If it has no address or place of business in Korea it must appoint a trademark administrator in Korea (Article 5-3).
Can I assign a Korean trademark?
Yes, but the transfer takes effect only once it is registered at KIPO (Article 56(1)).
How do I change the owner's name or address?
Record the change with KIPO. We prepare the filing and keep your renewal notices going to the right address.
Can a Korean trademark be cancelled for non-use?
Yes. If it is not used in Korea for 3 years in a row without a justifiable reason, anyone can request cancellation (Article 73(1)3).
How can I check the status of a Korean trademark?
Use KIPRIS, the KIPO search service, and track the publication and registration dates.
Can I claim priority from my home country?
Yes, if you file in Korea within 6 months of your first application and your country recognises Korean priority (Article 20).
Protect your brand in South Korea
SUPREMEiP® files trademarks worldwide through its network and checks every Korean deadline against the live law. Send us your mark and we will tell you the route, the deadlines and the cost.
