How long does trademark examination take in Korea?

Jonghwan Choi, Managing Partner · Published 26 October 2026

Last verified 9 October 2026

At a glance: time by stage

As of October 2026. For an application for international trademark registration under the Madrid Protocol, see “A Madrid application follows different standards” below.

The 11.9 months are a figure on a first action basis. The 2025 Intellectual Property Statistics state that the first action pendency statistics in it use the first action basis. [6] The time up to the decision to grant trademark registration or the decision to reject trademark registration is not included in this figure.

The average from the filing date to the first notice is 11.9 months

In 2025, the first action pendency for trademarks was 11.9 months. This is 0.7 months shorter than the 12.6 months of 2024. [6][7]

This figure is counted from the filing date. MOIP defines the first action pendency for trademarks as the average time from the filing date to the date of the first action. [7] For patents, the time is counted from the date of the request for examination, so the two figures have different starting points. [7]

For trademarks, the date of the first action is the day on which the examiner sends a notice of the decision to publish the application, a notification of grounds for rejection (의견제출통지서) or a similar document. [7] The 11.9 months are therefore not the time to registration. They are an average that covers both applications whose first notice is a decision to publish the application and applications whose first notice is a notification of grounds for rejection.

Examination follows the order of filing, and there is no statutory processing deadline

Trademark applications are examined in the order of filing (Trademark Act (상표법), Art. 53(1)). [1] The Trademark Act has no provision on a request for examination. The Minister of Intellectual Property has an examiner examine each trademark application (Trademark Act, Art. 50(1)). [1] The MOIP statistics also count the first action pendency for trademarks from the filing date, not from a date of a request for examination. [7]

The Trademark Act does not set a date by which the examiner must complete examination. Article 68 only provides that the examiner issues a decision to grant trademark registration when no ground for rejection is found. [1] The Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정), which is an MOIP Directive (훈령), sets a time limit for starting examination for applications for which preferential examination has been decided (Art. 50(1)). [4] For applications subject to collective examination, examination starts in accordance with the Directive on Requests for Collective Examination of Patent/Utility Model/Trademark/Design Applications (Art. 52). [4] This Directive contains no time limit for starting examination of other applications. [4]

There is a lower limit for the decision on whether to grant trademark registration. The examiner can start examination earlier than 6 months from the filing date. However, the decision on whether to grant trademark registration must be made after 6 months have passed from the filing date (Regulations for the Handling of Trademark Examination Affairs, Art. 37(3)). [4] For some applications, the processing deadline set by the Directive falls within 6 months and 10 days from the filing date. For those applications, the decision on whether to grant trademark registration is made within 1 month after 6 months have passed from the filing date (Art. 37(4)). [4]

The examiner can suspend examination in certain cases. One example is when an identical or similar earlier-filed trademark of another person is under examination or is pending in a trial or a lawsuit (same Regulations, Art. 30(1), subparagraph 1). [4] As a rule, a suspended application is processed within 2 months from the date on which the reason for the suspension is resolved (Art. 27(5)). [4]

Once preferential examination is decided, a time limit for starting examination applies

The Minister of Intellectual Property can have an examiner examine certain trademark applications ahead of other applications (Trademark Act, Art. 53(2)). [1] There are two categories. The first is the case where, after filing, a person other than the applicant is found to be using the applied-for trademark in the course of business without justifiable grounds. This means use of a trademark identical or similar to the applied-for trademark on identical or similar designated goods (subparagraph 1 of the same paragraph). [1] The second is an application prescribed by Presidential Decree for which urgent processing is found to be necessary (subparagraph 2 of the same paragraph). [1]

Article 12 of the Enforcement Decree of the Trademark Act (상표법 시행령) sets out the applications covered by subparagraph 2. They include the case where it is clear that the applicant is using the applied-for trademark on all of the designated goods or is preparing to use it (subparagraph 1). [3] They also include an application that is the basis of a priority claim under a treaty, where the procedure is in progress at a foreign intellectual property office (subparagraph 6). [3] The same applies to an application that is the basis of a Madrid international application, where the date of the international registration or the date of the subsequent designation has been recorded in the International Register (subparagraph 4). [3]

The applications for which a request can be filed are listed in Article 4 of the Public Notice on Request for Accelerated Examination of Trademark Applications (Notification; 상표등록출원의 우선심사신청에 관한 고시). [5] The applicant or an interested party can file the request. A request cannot be filed for an application for international trademark registration (Public Notice, Art. 3). [5] The fee for a request for a preferential examination is KRW 160,000 per class (Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Art. 5(1), subparagraph 5-2). [9] If it is decided that the application is not eligible for preferential examination, the fee is KRW 32,000 per class. The same applies when the request is abandoned or withdrawn before the decision. [9]

As a rule, the examiner decides whether to grant preferential examination within 10 days. The start date is the latest of the date of classification of the figurative trademark, the date of classification of the goods and the date on which the request for preferential examination is transferred (Regulations for the Handling of Trademark Examination Affairs, Art. 43(1)). [4] The time limit for starting examination after the decision depends on the ground of the request (same Regulations, Art. 50(1)). [4]

These time limits are what the Directive sets “as a rule” for starting examination. [4] The former provisions apply to applications for which preferential examination was requested before 15 October 2025 (Addenda to Directive No. 1214, in force from 15 October 2025, Art. 2). [4] Under the former provisions, the time limit for starting examination was within 45 days from the date on which the decision to grant preferential examination is sent, regardless of the ground of the request (Directive No. 1147, in force from 1 January 2024, Art. 50(1)). [4] The same is true of subparagraphs 9 and 10 of Article 4 of the Public Notice. The former provisions apply to applications for which the request was filed before 15 October 2025 (Addenda to Notification No. 2025-17, in force from 15 October 2025, Art. 2). [5] Under the former Public Notice, the applications for which a request could be filed ran only up to subparagraph 8 of Article 4 (Notification No. 2023-23, in force from 1 January 2024, Art. 4). [5]

A request for preferential examination is dismissed in some cases. This happens when the application is not among those listed in Article 4 of the Public Notice. The request is also dismissed when the expected time of starting examination is within 2 months from the date on which the documents for the request for preferential examination are transferred (Regulations for the Handling of Trademark Examination Affairs, Art. 46). [4]

An application for which preferential examination has been decided is also processed faster after a written opinion is filed. If the written opinion and the written amendment resolve the grounds for rejection, the application must be published within 45 days from the date on which the documents are transferred (same Regulations, Art. 50(2), subparagraph 1). [4] If the period for submitting a written opinion has not yet expired on the day when 45 days have passed from the date of transfer, publication takes place within 7 days after that period expires. [4]

The time limit for starting examination above and the 45-day time limit for publication do not apply to an application that falls under Article 30 of the same Regulations, which provides for suspending examination (Art. 50(7)). [4] As a rule, a suspended application is processed within 45 days from the date on which the reason for the suspension is resolved (paragraph (6) of the same Article). [4]

In 2025, 43,813 requests for preferential examination of trademarks were filed, and preferential examination was decided for 43,510. Of the 43,813 requests, 42,979 were based on use, or preparation for use, on all of the designated goods. [6]

A notification of grounds for rejection adds the period for submitting a written opinion

When the examiner intends to issue a decision to reject trademark registration, the examiner must notify the applicant of the grounds for rejection in advance (Trademark Act, Art. 55(1)). [1] The period for submitting a written opinion is a period set by the examiner, within 2 months (Enforcement Rules of the Trademark Act (상표법 시행규칙), Art. 50(2)). [2]

This period can be extended. It can be extended by 1 month each time, up to 4 times in total, and 2 or more extensions can be requested at once (Regulations for the Handling of Trademark Examination Affairs, Art. 13(2) and (3)). [4] If the request for extension of the period is filed within the period and the official fee is paid, the extension is deemed approved when the request is received. Each requested extension must not exceed 1 month (Art. 13(4)). [4]

An applicant who has not filed a written opinion within the period has one more opportunity. Within 2 months from the expiration date of that period, the applicant can file an application for continuing trademark-related procedures and file the written opinion (Trademark Act, Art. 55(3)). [1]

As a rule, the examiner processes the written opinion and the written amendment within 2 months from the date on which they are transferred (Regulations for the Handling of Trademark Examination Affairs, Art. 27(1)). [4] As a rule, an application for which no written opinion is filed is processed within 1 month after the 2-month period for applying for continuing trademark-related procedures has passed (Art. 27(2)). [4] If the applicant files a request to shorten the period, the rule is within 45 days (Art. 27(4)). [4]

After a decision to reject trademark registration, a further period for contesting the decision follows. Within 3 months from the date on which the certified copy of the decision is served, the applicant can amend the designated goods or the trademark and request re-examination (Trademark Act, Art. 55-2(1)). [1] The request for re-examination applies to trademark applications filed on or after 4 February 2023 (Addenda to Act No. 18817, Art. 2). [1] It cannot be requested if there is already a decision to reject trademark registration following a re-examination or if an appeal against the examiner’s decision to reject a trademark application (trial against a decision to reject) has been filed (Art. 55-2(1), proviso). [1] A request for re-examination cannot be withdrawn (Art. 55-2(4)). [1] Within the same 3 months, the applicant can also file the appeal against the decision to reject (Trademark Act, Art. 116). [1] The period for requesting a trial can be extended once, by up to 30 days (Trademark Act, Art. 17(1), subparagraph 3). [1] If that period is extended, the period for requesting re-examination is also the extended period (Art. 55-2(1)). [1]

As a rule, an application for which re-examination has been requested is processed within 1 month after the period for requesting re-examination has ended (Regulations for the Handling of Trademark Examination Affairs, Art. 63-2(1)). [4]

After publication, oppositions can be filed for 30 days

If the examiner finds no ground for rejection, the examiner must issue a decision to publish the application (Trademark Act, Art. 57(1)). [1] Once the application is published, any person can file an opposition within 30 days from the publication date of the application (Trademark Act, Art. 60(1)). [1]

The opposition period was shortened from 2 months to 30 days on 22 July 2025. [1][10] The former provisions apply to an opposition to an application that had already been published as of that day (Addenda to Act No. 20697, Art. 4). [1]

If no opposition is filed, the examiner must issue the decision to grant trademark registration within 1 month after the opposition period has passed. An exception applies when there is an unavoidable reason (Regulations for the Handling of Trademark Examination Affairs, Art. 37(5)). [4]

If an opposition is filed, the time up to the decision on the opposition is added. The opponent can amend the grounds and evidence within 30 days after the opposition period has passed (Trademark Act, Art. 61). [1] This period for amendment can be extended once, by up to 30 days (Trademark Act, Art. 17(1), subparagraph 1). [1] The chief examiner must set a period and give the applicant an opportunity to file a written answer (Trademark Act, Art. 66(1)). [1] The period for the written answer is set within 1 month and can be extended once only, by up to 1 month (Regulations for the Handling of Trademark Examination Affairs, Art. 57(1) and (2)). [4]

Even after publication of the application, the examiner can issue a decision to reject trademark registration ex officio on finding a ground for rejection (Trademark Act, Art. 67(1)). [1]

The registration fee must be paid within 2 months after the decision to grant trademark registration

A trademark right arises on registration (Trademark Act, Art. 82(1)). [1] The registration fee must be paid within 2 months from the date of receiving the certified copy of the decision to grant trademark registration (Fee Regulation, Art. 8(7), subparagraph 1). [9]

The payment period can be extended on request by not more than 30 days (Trademark Act, Art. 74). [1] The request for extension must be filed before the payment period ends (Fee Regulation, Art. 8(7), proviso). [9]

If the registration fee is not paid within the payment period, the trademark application is deemed abandoned (Trademark Act, Art. 75, subparagraph 1). [1] An applicant who could not pay for good reason can pay within 2 months from the date on which the reason ceased to exist. However, payment is no longer possible once 1 year has passed from the later of the expiration date of the payment period and the expiration date of the period for remainder payment (Trademark Act, Art. 77(1)). [1]

A Madrid application follows different standards

An international application under the Madrid Protocol that designates Korea is deemed a trademark application under the Trademark Act (Trademark Act, Art. 180(1)). [1] This application for international trademark registration (국제상표등록출원) is examined in the order of the dates of the notification of designation by the International Bureau (Regulations for the Handling of Examination Affairs for Applications for International Trademark Registration (국제상표등록출원 심사사무취급규정; Handling Regulation), Art. 7(1)). [8]

For an application for international trademark registration, the statutes set time standards. The standard for the decision to publish the application is 14 months from the date on which the International Bureau notified the territorial extension. The examiner issues the decision to publish the application when no ground for rejection is found within that period (Trademark Act, Art. 191; Enforcement Rules, Art. 91(1)). [1][2] The standard for the decision to grant trademark registration is 18 months from the same date (Trademark Act, Art. 193(1); Enforcement Rules, Art. 91(2)). [1][2]

Several provisions do not apply to an application for international trademark registration.

An application for international trademark registration is registered when the decision to grant trademark registration is issued (Trademark Act, Art. 197). [1] The individual fee is paid to the International Bureau (Trademark Act, Art. 194(1)). [1]

The period for submitting a written opinion for an application for international trademark registration is also set within 2 months. As a rule, it can be extended up to 2 times only, by 1 month each time (Handling Regulation, Art. 24(1) and (2)). [8] As a rule, the examiner processes intermediate documents within 4 months from the date on which they are transferred (Handling Regulation, Art. 20(1)). [8]

Example: timeline of a registration with no ground for rejection

The dates are assumptions. The application is filed directly in Korea in November 2026, the first notice is a decision to publish the application, and no opposition is filed.

The 11.9 months are an assumption that applies a past average. They are not a scheduled date for an individual application. The time from the decision to publish the application to the publication date is not set in the statutes and Directives checked for this article.

If preferential examination is decided for the same application on the ground of subparagraph 1 of Article 4 of the Public Notice, the standard changes. As a rule, the time limit for starting examination is within 45 days from the date on which the decision to grant preferential examination is sent (Regulations for the Handling of Trademark Examination Affairs, Art. 50(1), subparagraph 2). [4] Article 37(3) of the same Regulations provides that the decision on whether to grant trademark registration is made after 6 months have passed from the filing date. Article 37(3) contains no wording that excludes applications for which preferential examination has been decided. [4]

What applicants should do

• In general, we suggest considering a request for preferential examination together with the filing, for an application whose trademark is already in use in Korea or whose use is being prepared.
• If preferential examination is in view, we suggest first checking whether a direct Korean application fits better than a designation of Korea under the Madrid Protocol. Preferential examination does not apply to an application for international trademark registration.
• After a notification of grounds for rejection, we suggest deciding whether to extend the period for submitting a written opinion together with the desired time of registration. Registration is delayed by the length of the extension.
• After a decision to grant trademark registration, we suggest entering the time limit for paying the registration fee in the schedule at once. The time limit is 2 months from the date of receiving the certified copy.
• When aligning the Korean schedule with other countries, we suggest taking into account that the average of 11.9 months is the time to the first notice.

FAQ

Is there a statutory time limit by which MOIP must complete trademark examination?

Not for a trademark application filed directly in Korea. The Trademark Act only provides that applications are examined in the order of filing. [1] For an application for international trademark registration, the standards are 14 months and 18 months from the date on which the International Bureau notified the territorial extension. [1][2]

Is registration complete in 11.9 months?

No. The 11.9 months are the 2025 average of the time from the filing date to the first notice of the examiner. [6][7] After that come publication of the application, the 30-day opposition period, the decision to grant trademark registration and payment of the registration fee. [1][4][9]

How much faster is examination if preferential examination is requested?

Once preferential examination is decided, a time limit for starting examination applies. As a rule, examination starts within 30 days or 45 days from the date on which the decision to grant preferential examination is sent. [4]

Can preferential examination be requested for an application that designates Korea under the Madrid system?

No. Article 189(2) of the Trademark Act provides that the provision on preferential examination does not apply to an application for international trademark registration. [1]

Is the opposition period 2 months?

It is now 30 days from the publication date of the application. The former 2 months apply to applications that had already been published before 22 July 2025. [1][10]

How DEFINE IP Law Firm handles this

Before filing a trademark application, DEFINE IP Law Firm first confirms the time by which the applicant wants registration. We then decide with the applicant, in view of that time, whether to take the ordinary examination route or the preferential examination route. When a notification of grounds for rejection is received, we also report the effect that an extension of the period for submitting a written opinion has on the time of registration. Please confirm the schedule of an individual case with your agent. For questions about the timing of trademark examination in Korea, please write to contact@defineip.kr.

Sources

1. Ministry of Intellectual Property (지식재산처), Trademark Act (상표법), Act No. 21134, in force from 11 November 2025. Articles 17, 50, 53, 55, 55-2, 57, 60, 61, 66, 67, 68, 74, 75, 77, 82, 116, 180, 189, 190, 191, 193, 193-2, 194 and 197, Addenda to Act No. 18817 Art. 2, Addenda to Act No. 20697 Art. 4. https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
2. Ministry of Intellectual Property (지식재산처), Enforcement Rules of the Trademark Act (상표법 시행규칙), Prime Ministerial Decree No. 2120, in force from 17 June 2026. Articles 50 and 91. https://www.law.go.kr/법령/상표법시행규칙 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처), Enforcement Decree of the Trademark Act (상표법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Article 12. https://www.law.go.kr/법령/상표법시행령 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정), MOIP Directive No. 39, in force from 1 July 2026. Articles 13, 27, 30, 37, 43, 46, 50, 52, 57 and 63-2, Addenda to Directive No. 1214 (in force from 15 October 2025) Art. 2, Directive No. 1147 (in force from 1 January 2024) Art. 50(1). https://www.law.go.kr/행정규칙/상표심사사무취급규정 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Public Notice on Request for Accelerated Examination of Trademark Applications (상표등록출원의 우선심사신청에 관한 고시), MOIP Notification No. 2025-4, in force from 30 October 2025. Articles 3 and 4, Addenda to Notification No. 2025-17 (in force from 15 October 2025) Art. 2, Notification No. 2023-23 (in force from 1 January 2024) Art. 4. https://www.law.go.kr/행정규칙/상표등록출원의우선심사신청에관한고시 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), 2025 Intellectual Property Statistics (2025 지식재산통계연보), publication registration no. 11-1431000-100081-10, published in 2026. Sections 3.2.3 and 3.2.9, definitions of terms. Listed under the main policy materials at https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
7. e-Nara Index (e-나라지표), Requests for Examination and Processing of Patents, etc. (특허 등 심사청구/처리 현황), managed by the Intellectual Property Information Policy Division of the Ministry of Intellectual Property (지식재산처 지식재산정보정책과), last updated 1 September 2026. https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
8. Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Examination Affairs for Applications for International Trademark Registration (국제상표등록출원 심사사무취급규정), MOIP Directive No. 40, in force from 1 July 2026. Articles 7, 20 and 24. https://www.law.go.kr/행정규칙/국제상표등록출원심사사무취급규정 (verified 9 October 2026)
9. Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 5(1), subparagraph 5-2, and Article 8(7). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
10. Trademark Act (상표법), previous version, Act No. 20200, in force from 7 August 2024. Article 60(1). https://www.law.go.kr/법령/상표법 (verified 9 October 2026)