Formal Examination
If the submitted application does not meet the following conditions, the Korean Intellectual Property Office will not assign an application number and will reject the application as if it has never been filed:
(1) The type of application is unclear;
(2) There is no name and address of the applicant;
(3) The application content is not written in Korean;
()4 There is no trademark specification attached to the application documents;
(5) The applicant has no residence in South Korea and has not appointed a Korean agent.
If the application meets the above conditions, the Korean Intellectual Property Office will assign an application number and conduct a formal examination in accordance with the Trademark Law. If there are any errors or omissions, the examiner will issue a correction notice requiring the applicant to make corrections within a certain period of time. If the applicant's amendments do not meet the requirements, the trademark application will be cancelled. Substantive examination
(1) Initiation of examination
Unlike patent and utility model applications, trademark applications are automatically examined according to the order of their filing dates. However, according to the provisions of the Trademark Law, the Director of the Korean Intellectual Property Office can allow examiners to conduct priority examination of eligible patent applications.
(2) Conditions for trademark registration
According to the Trademark Law, registered trademarks need to meet the following requirements:
a. Meet the definition of trademark in the Trademark Law;
b. As an indication of a trademark, it needs to be unique. If it is not unique, it has acquired a secondary meaning;
c. Anything that does not fall under the provisions of the Trademark Law cannot be registered. Type of trademark.