Provisions of trademark oppositions are provided under Articles 25 to 29 of the Trademarks Law of South Korea. The process is governed by the Korean Intellectual Property Office (KIPO).
As per Article 25(1) of the act, any individual or entity who believes that a published trademark may adversely impact their business interests can file an opposition against its registration.
Procedure for trademark opposition:
- Notice of Formal Objection: A formal objection must be submitted to KIPO within 2 months of the trademark’s publication, along with the required fee. The objection should clearly state the grounds for opposition, include supporting evidence, and highlight conflicts with the published mark. The opponent may amend or supplement the grounds for opposition within 30 days after the period of opposition has expired.
- Response and arguments: Upon receiving an objection, the chief examiner shall send a copy of the objection to the applicant. The applicant is given a fixed period to submit a written response. This stage may involve arguments and discussions between the applicant and the opponent.
- Examination by KIPO: KIPO reviews the objection and accompanying materials. If the opposition is found valid, the trademark application may be rejected or amended accordingly.
- Decision: KIPO issues a written decision detailing the reasoning. A certified copy of the decision is served to both the applicant and the opponent.
- Appeal: Both parties may appeal the decision within three months of receiving the certified copy:
- Applicant: May request a trial to challenge the rejection.
- Opponent (the person who has filed the formal objection): May request a trial to invalidate the trademark registration.