How Long Our Trademark is Protected in South Korea After Registration – Validity of a Registered Trademark in South Korea

Understanding the validity of a registered trademark in South Korea is crucial for businesses looking to protect their brand and intellectual property. A registered trademark in South Korea provides the owner with exclusive rights, but these rights are not indefinite. This article explores how long our trademark is protected in South Korea after registration, focusing on the factors that determine the validity of a registered trademark in South Korea.

Validity of a Registered Trademark in South Korea

The validity of a registered trademark in South Korea is initially granted for a period of 10 years from the date of registration. This period is standard across many jurisdictions and is designed to give trademark owners sufficient time to establish and protect their brand identity in the marketplace. The 10-year term of protection is a key aspect of the validity of a registered trademark in South Korea, providing a clear timeline for when the trademark rights are in effect.

How Long Our Trademark is Protected in South Korea After Registration

The question of how long our trademark is protected in South Korea after registration is straightforward: the initial protection lasts for 10 years. However, it is important to note that the validity of a registered trademark in South Korea can be extended indefinitely through renewal. Trademark owners have the option to renew their trademark registration for successive 10-year periods, ensuring continued protection as long as the renewal requirements are met.

Renewal and the Validity of a Registered Trademark in South Korea

Renewal is a critical factor in maintaining the validity of a registered trademark in South Korea. To renew the trademark, the owner must file a renewal application with the Korean Intellectual Property Office (KIPO) within six months before the expiration of the current 10-year term. There is also a six-month grace period after the expiration date, during which the trademark can still be renewed, albeit with a late fee.

The process of renewal is essential to preserving the validity of a registered trademark in South Korea, same as the procedure of trademark application in South Korea. Failure to renew the trademark on time results in the loss of protection, meaning the trademark rights will no longer be enforceable. This underscores the importance of keeping track of renewal deadlines to ensure the ongoing validity of a registered trademark in South Korea.

Validity of Trademark in South Korea: Non-Use and Its Implications

Another important consideration in the validity of trademark in South Korea is the requirement for the trademark to be actively used in commerce. Under South Korean law, registering trademark in South Korea can be challenged and potentially canceled if it has not been used for three consecutive years. This rule is in place to prevent “trademark squatting,” where a trademark is registered without any intent to use it in the marketplace.

The use requirement directly impacts the validity of a registered trademark in South Korea. If a trademark is not actively used, it may lose its validity, and the registration could be canceled. This makes it essential for trademark owners to not only renew their trademarks but also to ensure they are actively used in connection with the goods or services for which they were registered.

South Korea Trademark Validity: Conclusion

In conclusion, the validity of a registered trademark in South Korea is determined by a combination of the initial 10-year protection period, the ability to renew the trademark for additional 10-year terms, and the requirement for the trademark to be actively used in commerce. Understanding these factors is key to ensuring that a trademark remains protected over the long term.

By staying vigilant about renewal deadlines and maintaining active use of the trademark, businesses can ensure that the validity of a registered trademark in South Korea is preserved. This ongoing protection is crucial for maintaining brand identity and preventing unauthorized use of the trademark by others. Therefore, knowing how long our trademark is protected in South Korea after registration and understanding the conditions for maintaining its validity is essential for any business operating in the South Korean market.

*** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.