South Korea

Trade Mark

Requirements

Trademark Applications

The following information and/or documents are required to file a trademark application with the Korean Intellectual Property Office (KIPO):

1. Name, address and nationality of the applicant.
2. Black & white or color specimen of the mark.
3. A specification of goods or services to be designated in the application with information regarding the appropriate international classification.
4. Power of attorney signed by the applicant.
5. A certified copy of the priority document, if applicable.

Recordation of License

The following documents are required to record an exclusive and/or non-exclusive license for a trademark with the KIPO:

1. Grant of Exclusive/Non-Exclusive License Agreement executed by the licensor.
2. Notarized Corporation Nationality Certificate executed by the licensor.
3. Power of attorney executed by the licensor.
4. Power of attorney executed by the licensee.

Please note that as the Corporation Nationality Certificate must be notarized by a notary public and is valid for only six months from the date of notarization, we will submit it promptly after execution and notarization. Further, because the KIPO does not accept multiple documents from a single entity if different signatories have executed them, the same individual(s) must sign the documents identified under 1, 2 and 3.

Recordation of Merger

The following documents are required to record a merger for a trademark with the KIPO:

1. Notarized Certificate of Merger.
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Merger and that the same individual(s) must execute both of these documents.

Recordation of Assignment

The following documents are required to record an assignment for a trademark with the KIPO:

1. Deed of Assignment executed by the assignor.
2. Notarized Corporation Nationality Certificate executed by the assignor.
3. Power of attorney executed by the assignor.
4. Power of attorney executed by the assignee.

Recordation of Name/Address Change

The following documents are required to record a name/address change for a trademark with the KIPO:

1. Notarized Certificate of Name/Address Change.
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Name/Address Change and that the same individual(s) must execute both of these documents.

Patents

Requirements

A. Conventional Non-PCT Application

1. Identifying Information

i. Applicant’s name, address and nationality.

ii. Inventor’s name, address and nationality.

iii. When claiming priority, the name of the country wherein the priority application was filed, the serial number of the application and the filing date of the application.

2. Specification, title of the invention, claims, abstract and drawings (if any).

3. When claiming priority, a certified priority document(s) (Note: This document must be filed within sixteen (16) months from the earliest
filing date).

4. Power of attorney signed by the applicant.

B. PCT Application

1. Request form (PCT/RO/101) and the International Application including the specification, claims, abstract and drawings (if any); or International Publication.

2. Any Amendment filed during the international phase under PCT Article 19(1) or Article 34(2)(b) (if any).

3. Power of attorney signed by the applicant.

4. Notification of the Recording of a Change (if any).

For a PCT application, we do not need to obtain the priority document from you as we can borrow a copy of the priority document from the KIPO, which receives a copy of the priority document directly from the IB of WIPO. To perfect the priority claim, a copy of the borrowed priority document is submitted to the KIPO after the application is entered into the national phase.

While no additional documents are required for national phase entry, the International Search Report (“ISR”) or the International Preliminary Examination Report (“IPER”) would be helpful during the subsequent examination phase.

Recordation of License

The following documents are required to record an exclusive and/or non-exclusive license for a patent with the KIPO:

1. Approval of Establishment of Exclusive/Non-Exclusive Patent License executed by the licensor.
2. Notarized Corporation Nationality Certificate executed by the licensor.
3. Power of attorney executed by the licensor.
4. Power of attorney executed by the licensee.

Recordation of Merger

The following documents are required to record a merger for a patent/utility model with the KIPO:

1. Notarized Certificate of Merger.
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Merger and that the same individual(s) must execute both of these documents.

Recordation of Assignment

The following documents are required to record an assignment for a patent/utility model with the KIPO:

Recordation of Name/Address Change

The following documents are required to record a name/address change for a patent/utility model with the KIPO:

1. Notarized Certificate of Name/Address Change
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Name/Address Change and that the same individual(s) must execute both of these documents.

Designs

Requirements

Industrial Design Applications

The following information and/or documents are required to file a design application with the KIPO:

1. Name, address and nationality of the applicant.
2. Name, address and nationality of the inventor(s).
3. Information regarding the priority claim (filing date, number, and the country in which the application from which priority is claimed was filed)
4. Drawings or photographs depicting the claimed design (*1).
5. Brief description of the claimed design.
6. Certified copy of the priority document (*2).
7. Power of attorney executed by the applicant.

Note (*1): Drawings or photographs of six views (front, rear, left side, right side, top plan and bottom plan views) prepared in accordance with an orthogonal projection method and a perspective view of the design must be submitted. Other drawings or photographs showing the usage of the article or cross-sectional views of the article may be additionally filed for the Examiner’s reference. In this regard, the six views should not contain any shading whatsoever. Any of the six views and the perspective view may be filed and/or amended to comply with Korean practice after the filing of the design application. However, in order to claim priority, the drawings of the Korean application should fall within the same scope as that of the application from which priority is claimed.

Note (*2): A certified copy of the priority document must be filed within three months after the filing date of the Korean application.

Recordation of License

The following documents are required to record an exclusive and/or non-exclusive license for an industrial design with the KIPO:

1. Approval of Establishment of Exclusive/Non-Exclusive Industrial
Design License executed by the licensor.
2. Notarized Corporation Nationality Certificate executed by the licensor.
3. Power of attorney executed by the licensor.
4. Power of attorney executed by the licensee.

Recordation of Merger

The following documents are required to record a merger for an industrial design with the KIPO:

1. Notarized Certificate of Merger.
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Merger and that the same individual(s) must execute both of these documents.

Recordation of Assignment

The following documents are required to record an assignment for an industrial design with the KIPO:

Recordation of Name/Address Change

The following documents are required to record a name/address change for an industrial design with the KIPO:

1. Notarized Certificate of Name/Address Change.
2. Power of attorney.

Please note that a notary public must notarize the Certificate of Name/Address Change and that the same individual (s) must execute both of these documents.