Korea Trademark Registration & IP Protection: Essential 2026 Guide

Table of Contents

Introduction: Why IP Protection is Critical for Foreign Businesses in Korea

South Korea is one of the world’s most innovation-driven economies, home to global technology leaders and a sophisticated consumer market. For foreign companies entering Korea, intellectual property (IP) protection is not optional—it’s essential.

Unlike some jurisdictions with common-law trademark rights, Korea operates under a “first-to-file” system. This means that whoever files a trademark application first—regardless of prior use—generally secures the rights. This creates significant risks for foreign businesses:

• Trademark squatters can register your brand before you do, then demand ransom payments
• Counterfeiters can produce fake goods bearing your trademarks with impunity if you lack registration
• Loss of brand control makes market expansion difficult or impossible

The good news? Korea offers robust IP protection mechanisms through its Korean Intellectual Property Office (KIPO)—but only if you proactively register your rights. This comprehensive 2026 guide walks foreign investors through trademark registration, patent protection, enforcement strategies, and common pitfalls to avoid.

Whether you’re planning Korea company formation, expanding into the Korean market, or licensing your IP, understanding Korea’s IP landscape is crucial for long-term success.

Understanding Korea’s IP System: The “First-to-File” Principle

The Core Rule

Korea follows the first-to-file (registration) system for trademarks and patents. Key implications:

Trademarks:

• Registration trumps use: Even if you’ve used a trademark globally for years, the first party to file with KIPO owns the rights in Korea
• No common-law protection: Unlike the US or UK, prior use alone does not confer rights
• Priority dates matter: Filing date determines who has superior rights in disputes

Patents:

• Similar first-to-file principle applies
• Prior public disclosure (even by you) can bar patentability unless filed within grace periods
• International patents don’t automatically protect you in Korea—you must file separately or via PCT (Patent Cooperation Treaty)

Why This Matters for Foreign Companies

Many foreign businesses assume their international trademark registrations provide global protection. They don’t. Examples of what can go wrong:

❌ A European luxury brand discovers a Korean company registered their trademark and is selling counterfeit goods
❌ A US tech startup finds their product name already trademarked in Korea by a squatter
❌ A Japanese manufacturer’s patented technology is copied by a Korean competitor who claims no Korean patent exists

The Solution: File trademark and patent applications in Korea before launching products or announcing market entry.

Trademark Registration in Korea: Step-by-Step Process

Step 1: Conduct a Trademark Search

Purpose: Identify potential conflicts with existing registrations

How to Search:

• KIPO Website (www.kipo.go.kr/en): Free trademark database (Korean and English interfaces)
• KIPRIS (Korean IP Rights Information Service): Comprehensive search tool for trademarks, patents, designs
• Professional Search Services: Law firms conduct more thorough clearance searches including similar marks and phonetic equivalents

What to Check:

• Identical trademarks in your industry class
• Confusingly similar marks (visual, phonetic, conceptual similarity)
• Famous marks that may block your registration even in different classes

Cost: Free (DIY) or ~KRW 500K-1M for professional search and opinion

Step 2: Determine Classification

Korea uses the Nice Classification system (international standard with 45 classes):

• Classes 1-34: Goods
• Classes 35-45: Services

Key Points:

• You must specify the exact goods/services covered
• Each class requires a separate filing fee
• Choose all relevant classes to prevent competitors from registering in adjacent classes

Example:

• Software company: Class 9 (software products), Class 42 (software development services)
• Restaurant: Class 43 (restaurant services), potentially Class 30 (food products if selling packaged goods)

Step 3: Prepare and File Application

Required Information:

• Applicant details (name, address—foreign applicants need Korean address for service or use agent)
• Trademark image (logo, wordmark, or combination)
• List of goods/services per class
• Basis for filing (intent to use or existing use)

Filing Methods:

• Online: Via KIPO’s electronic filing system (requires Korean digital certificate or agent)
• By Mail: Paper application to KIPO (slower, not recommended)
• Through Agent: Most foreign applicants use Korean IP attorneys or agents

Official Fees (2026):

• Application fee: ~KRW 57,000 (base) + ~KRW 16,000 per class
• Registration fee: ~KRW 211,000 per class for 10-year term
• Agent fees: ~KRW 500K-1.5M depending on complexity

Language: Applications can be filed in English initially, but Korean translation required during prosecution

Priority Claims: If you filed in another Paris Convention country within past 6 months, you can claim priority (your Korean filing date retroactively becomes your original foreign filing date)

Step 4: KIPO Examination

Timeline: 9-12 months for initial examination decision

Process:

1. Formality Check (1-2 months): KIPO verifies application completeness
2. Substantive Examination (6-10 months): Examiner assesses:
   • Absolute grounds for refusal: Generic terms, descriptive words, deceptive marks, marks contrary to public order
   • Relative grounds for refusal: Conflicts with prior registered/pending marks, famous marks

Possible Outcomes:

• Allowance: Proceeds to publication
• Provisional Refusal: Examiner issues office action citing conflicts or deficiencies
  • You have 2 months to respond (can request extension)
  • Options: Arguments, disclaimers, amendments to goods/services, consent agreements with conflicting mark owners

Step 5: Publication and Opposition Period

Publication: If allowed, trademark is published in the KIPO Official Gazette

Opposition Window: 2 months from publication date

• Any interested party can oppose registration based on prior rights or other grounds
• If opposed, adjudication proceedings ensue (can take 6-12+ months)

Outcome:

• No opposition → Proceeds to registration
• Opposition filed → Must defend application (may succeed, settle, or be refused)

Step 6: Registration and Certificate

If no opposition (or opposition overcome):

• Pay registration fee (~KRW 211,000 per class)
• KIPO issues Trademark Registration Certificate
• Term: 10 years from registration date, renewable indefinitely in 10-year increments

Rights Begin: Upon registration (not filing)—though you can claim priority date for infringement damages

Other IP Rights: Patents, Designs, and Copyrights

Patents

Types:

• Invention Patents: Protect new technical inventions (20-year term from filing)
• Utility Models: Protect incremental improvements or designs of devices (10-year term)

Filing Process:

• Similar to trademarks: Application → Examination → Publication → Registration
• Timeline: 18 months to 3 years for patent grant
• Costs: ~KRW 2-5M for application + agent fees; higher for complex technologies

Key Tips:

• File before any public disclosure (Korea has 12-month grace period only if you disclosed)
• Consider PCT (Patent Cooperation Treaty) route to secure international priority and defer Korean filing costs
• Engage Korean patent attorneys with technical expertise in your field

Design Patents

Purpose: Protect aesthetic appearance of products (e.g., shapes, patterns, ornamentation)

Term: 20 years from registration

Process: Faster than invention patents (~6-12 months)

Cost: ~KRW 1-2M including fees

Ideal For: Fashion, consumer electronics, furniture, industrial designs

Copyrights

Good News: Copyrights are automatic upon creation (no registration required)

Registration Benefits:

• Creates presumption of ownership (useful in litigation)
• Enables stronger legal remedies
• Registration with Korea Copyright Commission: ~KRW 50-100K per work

Protected Works: Literary, artistic, musical, software, databases, architectural works

Duration: Author’s life + 70 years (or 70 years from publication for corporate works)

Trademark Enforcement: Protecting Your Rights

Monitoring for Infringement

Proactive Measures:

• Watch services: Subscribe to trademark watch services that alert you to new similar filings (~KRW 300-500K/year)
• Online monitoring: Use brand protection services to detect counterfeit e-commerce listings (Coupang, Naver Shopping, etc.)
• Customs recordation: Register your trademark with Korea Customs Service to block counterfeit imports

Responding to Infringement

Evidence Gathering:

• Document infringing use (screenshots, purchases, notarized evidence)
• Hire investigators if necessary (especially for counterfeit manufacturing)

Enforcement Options:

1. Cease-and-Desist Letter:

• Formal demand to stop infringement
• Often resolves disputes without litigation
• Should cite your registered trademark and specific infringing acts
• Cost: ~KRW 500K-1M (legal fees)

2. Cancellation/Invalidity Action at KIPO:

• If someone registered your trademark before you (e.g., bad-faith squatter), you can file:
  • Cancellation petition: If registration was improper (must file within 5 years for most grounds)
  • Invalidity trial: Stronger grounds (e.g., fraud, famous mark conflict)—no time limit
• Timeline: 6-12 months
• Cost: ~KRW 2-5M including legal fees

3. Civil Litigation:

• Sue for trademark infringement in Korean courts
• Remedies: Injunctions, damages, destruction of infringing goods, publication of judgment
• Timeline: 12-24 months (first instance); appeals possible
• Cost: ~KRW 5-20M depending on case complexity

4. Criminal Prosecution:

• Korea allows criminal complaints for trademark counterfeiting
• Police and prosecutors can raid manufacturing sites, seize goods, and arrest offenders
• Penalties: Imprisonment (up to 7 years) and/or fines (up to KRW 100M)
• Useful for large-scale counterfeit operations

5. Customs Enforcement:

• If you’ve recorded your trademark with Korea Customs:
  • Customs automatically detains suspected counterfeit imports
  • You have short window (typically 3-7 days) to confirm infringement
  • Customs destroys confirmed counterfeits
• Cost: Minimal once registered with Customs (~KRW 100-200K for recordation)

Working with KIPO Trademark Police

KIPO coordinates with law enforcement to bust counterfeit rings. Recent actions (February 2026) targeted large-scale counterfeiting operations. If you discover systematic infringement, report to KIPO’s IP Crime Investigation Unit for assistance.

Domain Names and Online Brand Protection

Domain Name Registration

While technically not IP, domain names are crucial for brand protection:

ccTLD (.kr and .한국):

• Managed by Korea Internet & Security Agency (KISA)
• Anyone can register .kr domains (no local presence required)
• Best practice: Register before public announcements to prevent cybersquatting

gTLDs (.com, .net, .org, etc.):

• Managed by international registrars (GoDaddy, Namecheap, etc.)
• No Korea-specific rules

Combating Cybersquatters

If someone registered a .kr domain using your trademark:

Option 1: Negotiate Purchase:

• Cybersquatters often demand payment
• Sometimes cheaper than legal action

Option 2: .KR Dispute Resolution (DRS):

• KISA offers domain dispute resolution similar to UDRP
• Requirements: Prove your trademark rights, domain is identical/confusingly similar, registrant has no legitimate interest, and registered/used in bad faith
• Timeline: 2-3 months
• Cost: ~KRW 1-2M including legal fees
• Remedy: Transfer or cancellation of domain

Option 3: Trademark Litigation:

• Sue for trademark infringement and unfair competition
• Courts can order domain transfer

Special IP Considerations for Startups and Tech Companies

Employee IP Assignment

Critical for Startups:

• Ensure all employees sign IP assignment agreements stating that inventions/creations during employment belong to the company
• Under Korean law, employee inventions can belong to employees unless explicitly assigned
• Include in employment contracts or separate IP agreements

Licensing and Technology Transfer

If licensing your IP to Korean partners:

• Register license agreements with KIPO (not mandatory but recommended for enforceability against third parties)
• Clearly define licensed territory, field of use, and whether license is exclusive or non-exclusive
• Include quality control provisions for trademark licenses (uncontrolled licenses risk trademark abandonment)

Tax Implications:

• Royalty payments from Korea to foreign licensors subject to withholding tax (~15-20%, reduced by tax treaties)
• Technology transfer agreements may require approval under Foreign Exchange Transaction Act for large remittances

Open Source Software (OSS) and Code

If your business relies on open-source software:

• Ensure compliance with OSS licenses (GPL, MIT, Apache, etc.)
• Korean courts enforce OSS license terms—violations can lead to copyright infringement claims
• Conduct OSS audits before Korea business registration to avoid IP disputes

Common Pitfalls and How to Avoid Them

Pitfall 1: Delaying Trademark Filing Until After Market Launch

Risk: Competitors or squatters file first, blocking your entry

Solution: File immediately upon deciding to enter Korean market—even before product launch

Pitfall 2: Assuming “International Registration” Covers Korea

Risk: Madrid Protocol filings designating Korea still require KIPO examination and can be refused

Solution: Treat Korea designation seriously—respond promptly to KIPO office actions and consider engaging local counsel

Pitfall 3: Over-Relying on English-Language Marks

Risk: Korean consumers may transliterate your brand into Hangul (Korean alphabet), and someone else may register that Korean version

Solution: Register both English and Korean versions of your trademark

Example: If your brand is “TechFlow,” also register “테크플로우” (Korean transliteration)

Pitfall 4: Failing to Monitor and Enforce

Risk: Unauthorized use goes unchallenged, weakening your trademark rights (can lead to genericization or abandonment claims)

Solution:

• Subscribe to watch services
• Budget for enforcement (cease-and-desist letters, occasional litigation)
• Act promptly when you discover infringement

Pitfall 5: Inadequate Contracts with Korean Partners

Risk: Distributors, manufacturers, or licensees misuse your IP or claim ownership

Solution:

• Clear written agreements specifying IP ownership and usage rights
• Include confidentiality and non-compete clauses
• Register important agreements with KIPO

IP Protection Checklist for Foreign Businesses Entering Korea

Before Market Entry

✅ Conduct trademark clearance search (KIPO database + professional opinion)
✅ File trademark applications for all key brands (English + Korean versions)
✅ Secure .kr domain names matching your trademarks
✅ File patent applications for any inventions (via PCT or direct Korean filing)
✅ Register design patents for product aesthetics
✅ Record trademarks with Korea Customs (if selling physical goods)

During Korea Company Formation

✅ Include IP assignment clauses in employment contracts
✅ Draft shareholder agreements addressing IP ownership (especially for joint ventures)
✅ Set up IP management policies (document invention disclosure procedures)

Post-Launch

✅ Monitor for infringement (watch services, online marketplaces)
✅ Renew trademark registrations (every 10 years—set calendar reminders)
✅ Maintain quality control over licensed uses
✅ Enforce rights promptly when infringement detected
✅ Audit IP portfolio annually to identify gaps or new filing needs

Costs Summary: Budgeting for IP Protection in Korea

Total Estimated First-Year IP Budget for Typical Foreign Business:

• Basic protection (2-3 trademark classes): ~KRW 3-5M
• Comprehensive protection (trademarks + patent + monitoring): ~KRW 10-15M

This investment is small compared to the risk of losing brand rights or facing counterfeit competition.

Working with IP Professionals in Korea

When to Hire a Korean IP Attorney

Always hire a professional for:

• Trademark and patent applications (KIPO procedures are complex)
• Office action responses (technical legal arguments required)
• Opposition/cancellation proceedings
• Litigation

DIY is risky: KIPO procedures have strict deadlines and formalities—mistakes can result in irrevocable loss of rights

Choosing the Right IP Firm

Look for:

• KIPO-registered patent attorneys (변리사): Specialized in IP prosecution
• Bilingual capability: English-speaking attorneys reduce miscommunication
• International experience: Firms with foreign clients understand cross-border IP issues
• Technical expertise: For patents, choose firms with attorneys having relevant technical backgrounds (engineering, biotech, software, etc.)

Cost Range for IP Attorneys:

• Trademark filing: ~KRW 800K-1.5M (professional fees excluding official fees)
• Patent filing: ~KRW 2-4M+ (depends on complexity)
• Litigation: ~KRW 5-20M+ (depends on case)

Questions to Ask Prospective IP Counsel

✅ How many trademark/patent applications have you filed for foreign clients?
✅ What is your success rate for overcoming office actions?
✅ Can you provide references from other foreign businesses?
✅ What is your fee structure (hourly vs. flat fee)?
✅ Do you offer watch services or enforcement support?
✅ How do you communicate with foreign clients (email, video calls, portal)?

Recent Developments in Korean IP Law (2026)

Strengthened Anti-Counterfeiting Measures

The Korean government has intensified crackdowns on counterfeit goods, with KIPO coordinating trademark police raids (as seen in February 2026). This benefits foreign trademark owners by providing stronger enforcement support.

AI and Software Patent Guidelines

KIPO has updated its examination guidelines for AI-related inventions and software patents, making it easier to obtain patents for:

• Machine learning algorithms with specific technical applications
• Business method patents with substantial technical components
• Software-implemented inventions with demonstrable technical effects

This is particularly relevant for tech startups entering Korea.

Fast-Track Examination Programs

KIPO offers accelerated examination for:

• Trademarks: ~4-6 months (vs. 9-12 months standard)
• Patents: ~6-10 months (vs. 18-24 months standard)

Requirements: Meet specific criteria (e.g., implementing the mark commercially, startups, green technology patents)

Cost: Additional fee (~KRW 200-400K)

International Cooperation

Korea has strengthened IP cooperation with major trading partners (US, EU, Japan) through FTAs and bilateral agreements, improving:

• Cross-border enforcement
• Mutual recognition of certain IP registrations
• Streamlined prosecution for international applicants

Conclusion: Proactive IP Protection is Non-Negotiable

For foreign businesses entering Korea, IP protection is not an afterthought—it’s a prerequisite for success. Korea’s first-to-file system means that delaying trademark or patent registration can result in irreversible loss of rights, costly disputes, and even inability to operate under your own brand.

Key Takeaways:

✅ File early: Register trademarks and patents before public announcements or market launch
✅ Register comprehensively: English + Korean versions, multiple relevant classes
✅ Monitor actively: Use watch services and enforce rights promptly
✅ Work with professionals: Korean IP law is complex—expert guidance is essential
✅ Budget appropriately: IP protection is a cost-effective investment compared to infringement risks

By proactively securing and enforcing your intellectual property rights in Korea, you protect your brand, innovations, and competitive advantage—laying the foundation for long-term business success.

Need Expert IP Protection Assistance in Korea?

Navigating Korean IP registration and enforcement requires specialized legal expertise. Whether you’re filing your first trademark, responding to a KIPO office action, or combating counterfeiters, professional guidance ensures your rights are fully protected.

📩 Contact us at sma@saemunan.com for comprehensive IP services including:

• Trademark clearance searches and filing strategy
• Patent and design registration (Korean and international)
• Office action responses and opposition proceedings
• IP enforcement (cease-and-desist, litigation, criminal complaints)
• Customs recordation and brand protection programs
• IP portfolio management and licensing agreements

About SMA Lawfirm: We provide comprehensive intellectual property services for foreign businesses entering Korea. Our bilingual team of attorneys and patent agents has extensive experience protecting international brands, technologies, and innovations in the Korean market.