SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
Updating Registration Trade mark owners can file to add designated goods to their trade mark. If the addition is granted, the term of the trade mark for the addi - tionally registered goods is the same as that of the existing trade mark. If the owner so wishes, designated goods can be excluded by specify - ing them in and during the renewal application. 4.4 Application Requirements Trade Mark Registration Requirements A trade mark must have distinctiveness (where distinctiveness is lacking, see 2.2 Essential Ele- ments of Trade Mark Protection ) and no other ground for non-registration in order to qualify for registration. The following trade marks cannot be registered: • marks that are identical/similar to: (a) national flags or emblems of international organisations; (b) another’s previously registered trade mark for identical/similar designated goods; (c) another’s famous trade mark for identical/ similar goods; or (d) a famous geographical indication for identical/similar goods; • marks that are likely to: (a) defame or insult a nation, race or religion or a famous deceased person; (b) contravene good morals or harm public order; (c) cause confusion or impair the distinctive - ness or reputation of a famous person’s goods or business; or (d) mislead as to the quality of goods or deceive consumers; • marks that include a famous person’s name or portrait without their consent; or • marks that consist solely of a three-dimen - sional shape, colour, sound or scent that is
necessary to secure the function of the goods or packaging. It is possible and common to apply for trade mark registration by selecting multiple classifi - cations of goods. Registration Application An application form with the name and address of the applicant, designated goods and services, etc, should be submitted to KIPO for registra - tion, with the following attachments: • a specimen of the mark; • an explanation of the mark; and • for marks with non-visual elements (such as sound or scent), sound files, olfactory sam - ples or videos for motion marks. Registration Costs Registration applications can be made both offline and online. The basic fee for a single trade mark application is approximately KRW62,000 per class of goods plus additional fees for des - ignated goods (KRW2,000 added for each des - ignated good if more than ten items) for offline, and KRW10,000 less for online applications. Registration Applicants Any entity using or intending to use a trade mark in Korea can register their trade mark. Foreign individuals and corporations can also apply. A patent attorney does not necessarily need to be appointed as an agent. 4.5 Use in Commerce Prior to Registration The use of a trade mark in commerce prior to its application or registration is not required for trade mark registration. However, the registra - tion may be revoked if the trade mark owner or the licensee does not use the trade mark on the
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