IMPORTANCE OF TRADEMARK MAINTENANCE

(1) The necessity of paying annual fees and renewing the term of registration

The term of trademark rights is ten (10) years from the date of registration, but can be renewed every ten (10) years (Trademark Act §83). Therefore, as long as proper procedures for renewal are followed on time, the trademark can be secured permanently.

The application for renewal must be filed within one year before the term expires. If the expiration date has passed, application for the renewal is still allowed within six (6) months of expiration, with a payment of administrative fines.

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(2) Duty to use the trademark – avoidance of cancellation for non-use

An action for revocation of registration for non-use is a procedure unique to a trademark system, which may be brought by anyone seeking that a trademark registration be revoked if neither the trademark right holder nor authorized licensee has used the registered trademark on the designated goods for at least three (3) consecutive years in Korea, without a justifiable ground (Trademark Act §119 ① Subparagraph 3). 

In recent times, with a widespread awareness on the importance of securing a trademark prior to or during the operation of a business, there has been a sharp increase in bringing revocation actions for non-use in cases where a particular mark a claimant wishes to use has been found already registered but not in use. As a consequence, significant amount of trademark registrations are being revoked yearly. Therefore, it is crucial to note that, as important as it is to register a trademark, there is even a duty to make use of the trademark after registration to prevent it from being revoked.