Application & Registration
The term "trademark" means a mark used to distinguish goods of one business from those of others, and the term "mark" means all indications used to identify the source of goods, irrespective of the composition or methods of the expression thereof, which include any sign, letter, figure, sound, smell, three-dimensional shape, hologram, movement, color, etc.
An applicant submits an application specifying trademarks, designated goods, and the category of goods to the KIPO. If there is a reason for refusal as a result of examination, the reason is notified to the applicant, and an opinion can be submitted after a set period.
Where an Examiner fails to discover any grounds for rejection of an application for trademark registration, he/she shall decide to publish such application. Where an application is published, any person may file a formal objection with the Commissioner of the KIPO on the grounds that such an application falls within two months of the date of publication of the application. If the formal objection is accepted, the application will be rejected, whereas if the formal objection is not accepted, a registration decision will be issued. If the registration fee is paid within two (2) months of the date of receipt of the registration decision, trademark rights will be issued.
The duration of trademark rights shall be ten (10) years from the date of registration and establishment thereof, and trademark rights may be renewed for a further ten (10) years by filing an application to register the renewal of the duration, and are thus considered semi-permanent.