Trademark Opposition in South Korea
- Publication and Opposition Period: Once a trademark registration application is approved and officially published, third parties have a certain period to file an opposition. The opposition period usually lasts for about 2 months and is counted from the date of publication.
- Drafting the Opposition Notice: To file an opposition, you need to draft an opposition notice. This notice should specify the reasons and grounds for the opposition, citing conflicts with the pending trademark. The opposition notice is submitted to the Korean Intellectual Property Office (KIPO).
- Submission and Fee: After drafting the opposition notice, it needs to be submitted to the KIPO. A fee for filing the opposition is also required.
- Examination and Decision: The KIPO reviews the submitted opposition notice and relevant information before making a decision. If the opposition is deemed valid, the registration application might be rejected or amended.
- Response and Arguments: The applicant of the trademark under opposition might need to respond to requests from the KIPO. Furthermore, there could be a procedure for arguments and discussions between the applicant and the opposer.
- Determination and Notification: After completing the examination of the opposition, the KIPO makes a decision and notifies the results to both the applicant and the opposer.
Filing a trademark opposition can be a useful procedure when you believe that a pending trademark application conflicts with your own trademark or rights. Filing an opposition is effective in preventing the unauthorized registration of another person’s well-known and/or famous trademark. In particular, it has the advantage of being able to prevent trademark registration in advance before the trademark is registered. If your trademark is well-known or famous in a specific country, the chance of success would be high, with a likelihood of 80% or more.