A. Essentially, the requirements are; (1) a Power of Attorney, (2) a trademark specimen, (3) the specification, i.e., the designated goods/services listed according to class and (4) the applicant/priority data.

A. Korean practice allows word marks, devices, three-dimensional marks and color marks. The characterizing form of a three-dimensional trademark must be clearly depicted using a perspective-view drawing of a photograph.

A. One trademark specimen (sample) of any manageable size is satisfactory, but a print less than 8 × 8cm in size is preferred. Word marks may be a simple indication of the trademark in plain test form.

A. Yes. The International Classification System has been adopted as of March 1, 1998.

Q. How do I specify the designated goods/services of a trademark application?

A. The designated goods/services should be specified in terms of the common and general names of the goods/services according to the Korean regulations.

A. There is no requirement to use a trademark (in any country) to obtain a Korean registration. To ensure that the registration remains valid, however, at least some regular use of the trademark in Korea is necessary, because any registration is subject to cancellation for non-use, proceedings of which may be initiated by any interested party.

Accordingly, even though a trademark registration remains valid, it may eventually be cancelled if evidential proof of continuous use cannot be secured. It is therefore recommended that evidence of real use be secured periodically, because cancellation is possible if there has been no established use in Korea by the owner (or by any licensee thereof) for a period of three consecutive years. Perfunctory or nominal use is insufficient.

A. Recent trends show that the examination period for a newly filed trademark application is 10-12 months. This period is measured from the filing date to the issuance of examination results, which are basically in the form of a Notice to Submit an Argument (a rejection) or a Decision to Grant (allowance).

A. According to the amended Trademark Act effective as of July 28, 2010, if the owner of trademark right files a Request for renewal and pays the registration fee at the same time within one (1) year prior to the expiry date of the trademark right, the trademark right is extended without examination procedure. Further, the owner of trademark right may pay the registration fee for ten years in one lump-sum or the registration fee in two installments (at a five year interval) at their choice.