1. Definition 

(1) “Trademark” refers to a mark, such as symbol, text, figure, three-dimensional shape or a combination thereof, used to distinguish one’s goods from others
(2) “Service mark” refers to a mark used to identify a service
(3) “Collective mark” refers to a mark used to identify an association who jointly produces or sells its goods or services
(4) “Business emblem” refers to a mark used by a non-profit organization to identify its business (e.g. Korean Red Cross, etc.)

 * Service marks, collective marks, and business emblems are also subject to the provisions of the Trademark Act.

 

2. Procedures and terms for trademark applications

■ Filing an application after consultation: as quickly as the same day of order

■ Time taken to registration: approximately seven (7) months to one (1) year from filing date (if accelerated examination is requested: approximately three (3) months from filing date)

 

3. Requirements for trademark registration

(1) Personal requirements: same as the requirements for patent registration

(2) Procedural requirements: filing a complete application

(3) Positive requirements: the mark must have a distinctive feature that enables traders and consumers to distinguish goods or services from others’ (Article 6(1) of the Trademark Act)

Generic names of goods or services, marks customarily used on goods, marks describing features of goods or services, famous geographic names, common surnames, simple and common signs, and any marks without distinctiveness cannot be registered. These marks should be combined with other distinctive marks to be registered.

(4) Passive requirements: Even though a mark has distinctiveness, if it infringes rights of others or for public interest, it may not be registered. (Article 7 of the Trademark Act)

a. A mark, even though having distinctiveness, may not be registered for public interest or if in violation of treaties; and
b. A mark may not be registered if it falls to one of the categories in the Article 7 of the Trademark Act.