SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark rights under the TMA arise from registration, not from use, although unregis - tered famous trade marks can receive certain protections under the UCPA. A mark with weak distinctiveness generally cannot be registered, but it can be registered for the specific good on which it was used if it acquires distinctiveness through use. 4.2 Trade Mark Register The Korean Intellectual Property Office (KIPO) handles trade mark registration and main - tains a trade mark register, which can be freely accessed at KIPO’s website. General informa - tion on registered trade marks can be freely accessed through KIPO’s information search service, KIPRIS. Considering the first-to-file rule for trade mark registration, it is normal practice to search through KIPRIS or WIPS (paid service) for prior registered trade marks and prior filings before applying for registration. 4.3 Term of Registration Trade Mark Term and Renewal See 2.3 Trade Mark Rights regarding the term of trade marks. An application to renew the term can be made from one year before the expiration of the term to within six months after its expiration. If the renewal application is not filed within this peri - od, the trade mark right expires and cannot be revived. No additional requirements are needed for the renewal registration, other than the appli - cation submission and fee payment.
• copyright application details (eg, work type, form of reproduction, creation and publication dates). Applications can be made both offline and online, and incur the following registration costs: • for a single general work: KRW33,600 for offline and KRW23,600 for online; and • for program work: KRW63,600 for offline and KRW53,600 for online. 3.9 Refusal of Registration KCC may refuse a registration application if: • the subject matter is not a work of authorship or is not protectable; • the applicant lacks authority to register; or • the required documents are not attached. In such case, the applicant has one month from the date of refusal to file an objection to KCC. If the objection is dismissed or rejected, the applicant may file an administrative appeal or litigation. 3.10 Related Rights Copyright protection is generally not excluded by the TMA or the Design Protection Act. Even if a figure constitutes a trade mark, it can be protected as a work under the CA if it meets the requirements of a copyrightable work. Further - more, an industrial design can be registered and protected under the Design Protection Act if it meets the requirements of industrial applicabil - ity, novelty and creativity.
579 CHAMBERS.COM
Powered by FlippingBook