As you know, it is quite a long wait from filing trademark applications until obtaining registration. Sometimes Office Actions are issued by the Korean Intellectual Property Office and a third party files an opposition against the published marks. The valuable trademark registration, however, sometimes expires by missing a renewal deadline.
It is very important to renew trademark registration in due time. We will figure out trademark renewal below.
- Expiration date of trademark registration
Korean trademark registration is valid for 10 years from the registration date. That is, if the registration date is May 1, 2020, the registration is valid until May 1, 2030.
- Renewal deadline
The renewal deadline of the trademark valid until May 1, 2030 is of course May 1, 2030. This deadline is a due date to “file” a renewal application. For your reference, it takes about a week or two from filing a renewal application until the renewal is completed. That is, if a renewal application is filed by May 1, 2030 and the filed renewal application has no problem then everything will be just fine. In this regard, however, since there will be cases that the renewal applications are refused by the Korean Intellectual Property, it is strongly recommended that renewal applications well before the renewal deadline.
- Grace period for renewal
Even if renewal application is not filed by renewal deadline, the registration will not expire immediately. The Korean Intellectual Property allows 6 months of grace period with an extra official fee. If a renewal application is not filed by the end of the grace period, that’s when the registrant will be left with absolutely no way to reinstate the registration. In this case, the registrant must file a new application for the expired trademark as soon as possible to prevent a third party from obtaining any rights for the mark.