Filing Trademark Opposition in Korea

If a trademark is filed, the filed application will be assigned to examiners and the examiner in charge will examine the application. If the examiner finds no grounds to reject the trademark application, the application will be published. Any third party who opposes registration of the published application can file an opposition at the KIPO during this publication period. The publication period is different from countries but usually 2 or 3 months and for South Korea, it is 2 months.

Suppose that a trademark similar to your prior mark has been published by the KIPO. You should file an opposition to prevent the published application from proceeding to registration. What can be done if you detect the similar mark being published and wish to file an opposition but the deadline to file an opposition is impending? You don’t have to give up on filing an opposition. Although it is impossible to extend the deadline, you can file a brief opposition and supplement the detailed grounds within 30 days.

When an opposition is filed against a published trademark application, the applicant may file rebuttal in response or may not response. The final decision will be made by the examiner considering overall grounds between both parties. If the filed opposition is finally rejected by the examiner, the next step you can consider is to file an invalidation trial after the problematic application proceeds to registration.

On the other hand, there may be situation that you file a trademark at the KIPO and the application faces opposition after having passed the examiner’s examination. In this case, aggressive defense is recommended than just waiting for the examiner to decide in favor of your trademark.

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