Lee International

During the COVID-19 pandemic, the number of trademark applications filed in Korea has surged.  This sudden increase has caused significant delays in the trademark examination process, resulting in a backlog of applications.

According to the Korean Intellectual Property Office (KIPO), in 2020, the number of trademark applications surged to 243,935, and in 2021, it further increased to 270,421.  The increase has caused delays in the examination period for trademark applications, which has extended from 4.4 months in 2015 to over 12 months in 2022.  The delay in trademark examination has led to a higher ratio of applications requesting expedited examination, which has been implemented for all goods and services since 2009.  In 2019, only 3.8% of applications requested expediated examination, but by February 2023, this number had risen to 13.6%, as set out in the table below:

[Ratio of trademark applications requesting expedited examination]

The KIPO has taken several steps to manage the backlog of trademark applications.  In 2023, the KIPO established a “Prioritized Services Mark Examination Division.”  Any trademark application requesting expedited examination, in connection with retail/wholesale store services (Class 35) and restaurant services (Class 43), will be automatically examined under this division.  These are industries where trademark disputes frequently occur, and small businesses in these fields require quick examination results to secure and claim their trademark rights.  However, despite establishment of the “Prioritized Services Mark Examination Division,” trademark applications in other fields still face delays due to the increasing number of trademark applications.

To accelerate the registration of a trademark, applicants are encouraged to request expedited examination, particularly if they are currently using or intend to use the trademark.  However, the expedited examination is not available for trademarks seeking international registration designating Korea. 

In conclusion, the increase in the number of trademark applications filed in Korea has caused significant delays in the examination process.  While the KIPO has taken measures to address this issue, applicants may still face extended delays for trademark registration.  Therefore, it is recommended to file national trademark applications and request expedited examination if possible and prioritize securing a trademark to protect your brand’s rights.