Trademark Registration in Korea for Foreign Companies: Complete KIPO Guide 2026

Trademark Registration in Korea for Foreign Companies: Complete KIPO Guide 2026

South Korea is one of Asia’s most active markets for intellectual property — and one of the most consequential for brand protection. Korean consumers are brand-aware, e-commerce is massive, and trademark squatting by local opportunists is a real and documented risk.

For any foreign company entering the Korean market — whether establishing a subsidiary, launching a product, or expanding an e-commerce presence — registering your trademark in Korea should be among your first legal steps, not an afterthought.

This guide covers everything you need to know about Korea trademark registration in 2026: the system, the process, the costs, and the practical strategies that protect your brand from day one.

Table of Contents

Why Register Your Trademark in Korea?

Many foreign companies assume their home-country trademark registration or their global brand reputation will protect them in Korea. This assumption is wrong and dangerous.

Korea operates a first-to-file trademark system (선출원주의). This means:

• The first party to file a trademark application in Korea generally gets the registration rights — regardless of prior use elsewhere in the world
• A competitor, importer, or bad-faith registrant can file your brand name in Korea before you do and legally block your market entry
• Resolving trademark squatting in Korea through invalidation proceedings is time-consuming and expensive

The Trademark Squatting Problem

Korea has been specifically listed by the U.S. Trade Representative (USTR) in past reports as a market where foreign brands face trademark squatting challenges. Fashion brands, food brands, entertainment companies, and tech companies have all had their marks pre-registered by Korean third parties.

The practical result: you cannot use your own brand name in Korea, cannot sue infringers, and may have to pay a settlement to the squatter to acquire the registration — unless you file first.

Additional Benefits of Registration

• Customs recordal: Registered trademarks can be recorded with Korea Customs Service to intercept counterfeit imports/exports
• E-commerce platform protection: Coupang, Naver Smart Store, and other Korean platforms have brand protection programs for registered trademark holders
• Criminal enforcement: Trademark infringement in Korea is a criminal offense (not just civil), making enforcement significantly more powerful for registered mark holders
• FDI attractiveness: A clean IP portfolio supports D-8 visa applications and investor due diligence

How Korea’s Trademark System Works

Trademark law in Korea is governed by the Trademark Act (상표법), most recently updated through amendments effective in 2024. Administration is handled by the Korean Intellectual Property Office (KIPO, 특허청), headquartered in Daejeon.

Key Principles

Korean vs. English Trademarks

Korean consumers and KIPO examine both:

• The original mark (e.g., your brand name in English or another language)
• The phonetic Korean transliteration (the way your brand name sounds in Korean — e.g., “Apple” → “애플”)

It is strongly advisable to register both your original mark and the Korean phonetic equivalent as separate applications. Squatters often file the Korean phonetic version before foreign brand owners think to do so.

What Can Be Registered?

Korean trademark law recognizes a broad range of protectable marks:

Eligible Subject Matter

Non-Registrable Marks

KIPO will refuse marks that:

• Consist only of generic or descriptive terms (e.g., “Best Coffee”)
• Are identical or confusingly similar to a prior registered mark in the same class
• Consist of a geographic name alone
• Constitute official state symbols, flags, or insignia
• Are contrary to public order or morality
• Are well-known marks of others (famous marks receive protection beyond registration)

Two Filing Routes: KIPO Direct vs. Madrid Protocol

Foreign companies have two main paths to register a trademark in Korea:

Route 1: Direct Filing with KIPO

• File directly with KIPO in Seoul
• Application can be in English or Korean (Korean preferred by KIPO examiners)
• Foreign applicants without a Korean address must appoint a Korean patent attorney (변리사) as their local agent
• Processing time: approximately 12–18 months from filing to registration (if no opposition)

Route 2: Madrid Protocol (International Registration)

• Korea is a member of the Madrid Protocol (administered by WIPO)
• You file a base application or registration in your home country, then extend to Korea via WIPO
• Single WIPO application can designate Korea along with 130+ other member countries
• KIPO has 18 months to examine and issue a provisional refusal; if no refusal is issued in this period, the mark is deemed registered
• More convenient for companies extending their trademark protection globally

Which Should You Choose?

Recommendation: If you are entering Korea specifically and want the fastest, most direct protection, file directly with KIPO. If you are simultaneously registering in 5+ countries, use the Madrid Protocol.

KIPO Direct Filing: Step-by-Step Process

Step 1: Conduct a Prior Art Search

Before filing, conduct a trademark clearance search to verify that no identical or confusingly similar mark exists in your target class(es) in Korea.

Search tools:

• KIPRIS (www.kipris.or.kr) — KIPO’s free public search database; search in both English and Korean
• Professional clearance opinion from a Korean patent attorney is recommended for serious brand launches

Step 2: Prepare the Application

A KIPO trademark application requires:

• Mark representation: Clear reproduction of the mark (image file for figurative marks)
• Nice class designations: List of goods/services covered (see below)
• Applicant information: Name, address, nationality
• Power of Attorney: For the Korean patent attorney representing you
• Priority claim (if applicable): If you filed in your home country within the past 6 months, you can claim priority and have your Korean filing treated as of the home-country filing date (Paris Convention right)

Step 3: File with KIPO

Filing is done electronically through KIPO’s e-Application system (www.patent.go.kr). Foreign applicants file through their Korean patent attorney.

Upon filing, KIPO assigns an application number and filing date — this date is critical as it establishes your priority over any later filers.

Step 4: KIPO Substantive Examination

KIPO typically begins substantive examination within 6–8 months of filing. The examiner reviews:

• Absolute grounds: Is the mark inherently registrable? (Not generic, not merely descriptive, etc.)
• Relative grounds: Does the mark conflict with any prior registered or pending mark?

If the examiner finds issues, KIPO issues an Office Action (의견제출통지서). You have 2 months (extendable) to respond with arguments or amendments.

Step 5: Publication for Opposition

If the mark passes examination, it is published in the Official Gazette (관보) for a 2-month opposition period. Any third party who believes the mark should not be registered can file an opposition.

If no opposition is filed (or opposition is resolved in your favor), KIPO proceeds to registration.

Step 6: Registration

Upon payment of the registration fee, KIPO issues the trademark registration certificate. The registration is valid for 10 years from the registration date.

Madrid Protocol Filing for Korea

If you already hold a trademark registration (or pending application) in your home country, you can extend it to Korea via the Madrid Protocol:

Process

1. File a Madrid Protocol application with your home country’s trademark office (e.g., USPTO, EUIPO, UKIPO)
2. Your home office transmits the application to WIPO in Geneva
3. WIPO assigns an International Registration Number and notifies Korea (KIPO) as a designated country
4. KIPO has 18 months to examine the application and issue any provisional refusal
5. If no refusal, the mark is registered in Korea under the international registration

Practical Considerations

• KIPO provisional refusals must be responded to by a Korean patent attorney within the designated deadline
• The Madrid Protocol registration is dependent on the base mark for the first 5 years — if your base registration is cancelled, the Korean extension falls too. After 5 years, it becomes independent.

Nice Classification: Choosing Your Classes

Korea uses the Nice International Classification system (한국 상품 및 서비스업의 분류). Trademarks must be registered in specific classes covering the relevant goods or services.

Common Classes for Foreign Investors Entering Korea

Important: Registration in one class does not protect you in another. If you operate a restaurant (Class 43) and also sell branded merchandise (Classes 25, 30), you need separate applications for each relevant class.

Multiple Class Application

Korea allows a single application to cover multiple classes (다류 출원). This is convenient but each class carries a separate official fee.

2026 Official Fees

All fees are approximate and subject to annual revision by KIPO.

Application Fees (per application)

Registration Fees (upon allowance)

Attorney Fees (approximate, per application)

Total Budget Estimate (1 class, no complications)

Approximately USD 650–900 per class. Multi-class applications reduce per-class attorney costs.

Examination, Opposition, and Registration

Typical Timeline (No Office Action, No Opposition)

If an Office Action Is Issued

Expect 3–5 additional months for response and KIPO’s review.

If an Opposition Is Filed

Opposition proceedings can add 6–18 months and substantial additional attorney fees depending on complexity.

Strategies for Accelerating the Process

• Fast Track Examination (우선심사): Available in limited circumstances (e.g., if a third party is already infringing your mark). Can reduce examination time to under 3 months.
• File early: A trademark squatter who files before you — even by one day — takes priority. File on the same day you launch in Korea if possible.

Trademark Duration and Renewal

Use Requirement for Maintaining Registration

Korea does not require use at the time of filing or registration, but if the registered mark is not used in Korea for 3 consecutive years, any third party can file a non-use cancellation action (불사용취소심판).

To defend against cancellation, you must demonstrate genuine commercial use in Korea for the registered goods/services. “Token use” designed solely to preserve registration is insufficient.

Enforcing Your Trademark in Korea

Registration is valuable only if you actively monitor and enforce it. Korea offers strong enforcement mechanisms:

Civil Enforcement

Registered trademark owners can:

• Seek injunctions to stop infringing use
• Claim damages (actual damages or statutory damages up to KRW 50 million per infringement under certain conditions)
• Request customs recordal to seize counterfeit imports

File civil actions with the Patent Court of Korea (특허법원) or commercial courts.

Criminal Enforcement

Trademark infringement in Korea is criminally prosecutable — a powerful deterrent absent in many countries:

• Up to 7 years imprisonment or fines up to KRW 100 million for willful infringement
• Criminal complaints can be filed with the police (경찰) or Prosecution (검찰)

Platform Enforcement

Coupang: Brand Registry program available for registered trademark holders; allows takedowns of counterfeit listings. Naver Smart Store: Similar brand protection with trademark registration. Amazon Korea and other e-commerce platforms: Follow their respective brand protection programs.

KIPO Watch Services

KIPO and private watch services can monitor new applications that may be confusingly similar to your registered mark, allowing you to file opposition within the 2-month window before competing marks register.

Key Takeaways

• Korea’s first-to-file system means you must file before competitors do — not after you’ve launched
• Register both your original mark and the Korean phonetic transliteration (hangul version)
• Foreign applicants must use a Korean patent attorney for direct KIPO filings
• Madrid Protocol is convenient for multi-country filings but adds complexity for Korea-specific strategies
• Budget KRW 1–2 million per class (including attorney fees) for a straightforward registration
• Timeline is 12–15 months without complications — plan accordingly for product launches
• Registration gives you civil and criminal enforcement tools, making Korean trademark protection among the strongest in Asia
• Monitor your mark and maintain genuine use to prevent non-use cancellation

Your brand is often the most valuable asset you bring to a new market. Protecting it in Korea is an investment, not an expense.

📩 Ready to register your trademark in Korea?

SMA Law Firm works with Korean patent attorneys to assist foreign companies with trademark filing strategy, KIPO application management, opposition proceedings, and brand enforcement in Korea.

Contact us at sma@saemunan.com or visit startcompanykorea.com to learn more.