What kinds of marks can be registered in Korea?

Jonghwan Choi, Managing Partner · Published 9 November 2026

Last verified 9 October 2026

Trademark types and what to file at a glance

As of October 2026. The names of the types are those stated in the [Trademark type] field of the written application for trademark registration (Form 3 of the Enforcement Rules of the Trademark Act).

The basis is Art. 28(2) and (5) and Art. 29(2) of the Enforcement Rules of the Trademark Act. Subparagraphs 10 to 13 and 16 of the instructions for Form 3 are also the basis. [3] The statement that the specimen of a trademark consisting solely of colors is 1 sheet comes from the Trademark Examination Guidelines. [4] The Trademark Act has no provision that names taste or touch as a mark. The Enforcement Decree, the Enforcement Rules and the application form have no type of that name either. [1][2][3] The Trademark Examination Guidelines state that the two types beginning with “other” mean non-traditional trademarks that are not included in the listed types, and are therefore checked strictly. [4]

The definition of a mark is open, and the Enforcement Decree classifies marks into three

The Trademark Act defines a trademark as a mark used to distinguish one’s own goods from the goods of others (Trademark Act, Art. 2(1), subparagraph 1). [1] These goods include services and goods related to the provision of services. Goods on which a geographical indication is used are excluded. [1]

A mark is a sign, letter, figure, sound, smell, three-dimensional shape, hologram, movement, color and so on. It means all indications used to identify the source of goods, irrespective of the composition or the method of expression (subparagraph 2 of the same paragraph). [1] After listing the kinds, the provision says “etc.” and “all indications”. The definition has no words limiting the language of the letters. The applicant may file a written explanation that translates the trademark to be registered into Korean or writes its pronunciation in Korean script (Enforcement Rules of the Trademark Act, Art. 28(5), subparagraph 3). [3]

Art. 2 of the Enforcement Decree of the Trademark Act (상표법 시행령) classifies marks into three. [2]

The correspondence in the right-hand column follows the wording of the Enforcement Decree and the subparagraph that the Trademark Examination Guidelines give as the basis for each type. [2][4] The Trademark Examination Guidelines state the time each type was introduced as an enforcement date. For the three-dimensional trademark it is 1 March 1998. For color, hologram, motion and other visual trademarks it is 1 July 2007. For sound, smell and other non-visual trademarks it is 15 March 2012. [4]

The position trademark (위치상표) is not a name that appears in the provisions of the statutes. The instructions for the application form give it as an example of the “other visually perceivable trademark”. [3] The Trademark Examination Guidelines explain a position trademark as a mark in which a certain shape or pattern has come to distinguish one’s goods from the goods of others by being attached to a specific position on the designated goods. [4]

The type chosen on the application can change the scope of protection

The applicant selects and indicates one of the 9 types (instructions for Form 3, subparagraph 10 (a)). [3] A figure expressed three-dimensionally must be designated as a general trademark, not as a three-dimensional trademark. A sign, letter or figure combined with color is also a general trademark, not a trademark consisting solely of colors (item (b) of the same subparagraph). [3]

The scope of protection of a registered trademark is determined by the trademark and the items stated in the written application for trademark registration (Trademark Act, Art. 91(1)). [1] The Trademark Examination Guidelines state that the nature of the protected mark is determined by the trademark type stated in the application. They state that the scope of protection of the mark can also differ accordingly. If the application is filed as a three-dimensional trademark, the subject of protection is the overall shape, not the individual letters or patterns on the shape. They state that for a sound trademark and a smell trademark the specific scope of protection is set by the attached sound file or smell sample. [4]

Choosing the wrong type is a ground for rejection. A case where the trademark application (application for trademark registration) fails to meet the definition of a trademark under Art. 2(1) of the Trademark Act is a ground for a decision to reject trademark registration (Trademark Act, Art. 54, subparagraph 1). [1] The Trademark Examination Guidelines state that where there is a reasonable doubt that the type was stated wrongly, the examiner checks with the applicant and guides an amendment, or issues a notification of grounds for rejection on this ground. [4]

An amendment that changes the type later is allowed only narrowly. The applicant may amend the trademark until the times in the subparagraphs of Art. 40(1) of the Trademark Act and, after the certified copy of the decision to publish the application is served, within the periods in the subparagraphs of Art. 41(1). In either case, the amendment must stay within the extent that the substance of the initial trademark application remains unchanged. [1] The Trademark Examination Guidelines in principle treat an amendment that changes the essence of the mark, such as changing a three-dimensional mark into a flat one, as a change of the substance of the application. The same applies to a change between a visual trademark and a non-visual trademark. However, a change of type where it is clear that the applicant stated the type wrongly is not treated as a change of the substance of the application. [4]

The statutes separately state the amendments that are deemed not to change the substance of the application. Omission of a supplemental portion of the trademark is one of them (Trademark Act, Art. 40(2), subparagraph 4). [1] So is correcting the items stated in the explanation concerning the mark. So is correcting or replacing two or more drawings or photographs because they do not match each other or are not clear. Correcting or replacing a smell sample or sound file that does not match the visual expression so that it matches the visual expression is also included (Trademark Act, Art. 40(2), subparagraph 5; Enforcement Rules of the Trademark Act, Art. 33, subparagraphs 1 to 3). [1][3]

What to file differs by type, and an application without a visual expression is returned

A specimen of the trademark is attached to the application unless the trademark consists solely of a mark under subparagraph 3 of Art. 2 of the Enforcement Decree (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 1). [3] The specimen of a trademark that includes color is a colored drawing or photograph. For a trademark that includes a three-dimensional shape it is up to 5 drawings or photographs, and for a trademark that includes a continuous movement or a hologram it is 2 to 5 drawings or photographs (Art. 29(2) of the same Rules). [3] The specimen of a trademark consisting solely of colors is colored inside an empty square 8 cm wide and 8 cm high (instructions for Form 3, subparagraph 16 (b)). [3] The Trademark Examination Guidelines state that if 2 or more specimens are filed for a general trademark or a trademark consisting solely of colors, a notification of grounds for rejection is issued for violation of one application for one trademark (Trademark Act, Art. 38(1)). [4]

A written explanation of the trademark must be filed in two cases. They are a trademark consisting solely of a mark under subparagraph 2 of Art. 2 of the Enforcement Decree and a trademark that includes a mark under subparagraph 3 of the same Article (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 2). [3] Stating the explanation in the [Explanation of the trademark] field (【상표의 설명】) of the application can replace filing the written explanation. In principle the explanation is stated within 500 characters (instructions for Form 3, subparagraph 12). [3] For other trademarks, the written explanation is a document that the applicant may file (Art. 28(5), subparagraph 1 of the same Rules). [3]

A visual expression is required for a trademark that includes a visually imperceivable mark, such as a sound or smell. It is a specific expression of that mark by letters, numerals, signs, figures or other methods so that the mark can be recognized and identified visually (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 3). [3] It is stated in the [Visual expression of the trademark] field (【상표의 시각적 표현】) of the application within 1,000 characters (instructions for Form 3, subparagraph 13). [3] Application documents for a trademark that includes a mark under subparagraph 3 of Art. 2 of the Enforcement Decree but do not state a visual expression are returned (Art. 25(1), subparagraph 10 of the same Rules). [3] When the Minister of Intellectual Property intends to return documents, the Minister first sends a document stating the reasons for return and the period for explanation (paragraph (2) of the same Article). [3]

For a sound trademark, a sound file corresponding to the visual expression is attached (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 4). [3] The sound file is in MP3 or WAV format and may not exceed 3 megabytes (instructions for Form 3, subparagraph 16 (e)). [3] A musical score is a document that may be filed (Art. 28(5), subparagraph 5 of the same Rules). [3]

For a smell trademark, a smell sample corresponding to the visual expression is attached. It is 3 sealed containers holding the smell or 30 scent patches to which the smell has been added (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 5). [3] The instructions for the form require 30 mL or more of a substance in liquid form in the sealed container and 3 mg or more of a substance containing the scent on the scent patch (instructions for Form 3, subparagraph 16 (e)). [3]

For a motion trademark, an electronic recording medium containing a video that shows the features of the motion is attached (Enforcement Rules of the Trademark Act, Art. 28(2), subparagraph 6). [3] For a hologram trademark and an other visually perceivable trademark, an electronic recording medium containing a video that shows the features of the specimen may be filed (paragraph (5), subparagraph 4 of the same Article). The Minister of Intellectual Property may require it to be filed (Art. 29(3), subparagraph 2 of the same Rules). [3]

If the trademark is not stated in the application, or the matters stated are so unclear that it cannot be recognized as a trademark, the filing date changes. In this case the Minister of Intellectual Property issues an order to supplement, and the date on which the written supplement reaches the Ministry of Intellectual Property (MOIP) is deemed the filing date of the trademark application (Trademark Act, Art. 37(1), subparagraph 3, and Art. 37(2) and (4)). [1] The period in the order to supplement is set within one month (Enforcement Rules of the Trademark Act, Art. 31(1)). [3] If the application is not supplemented within the designated period, the application may be returned (Trademark Act, Art. 37(5)). [1]

For color, sound, smell and position trademarks, the issue is acquired distinctiveness through use

The requirements for trademark registration are set by the same provision regardless of the type. A trademark that falls under any subparagraph of Art. 33(1) of the Trademark Act cannot be registered. [1] The subparagraphs that the Trademark Examination Guidelines cite by number and apply to each type of non-traditional trademark in Part 8 are subparagraphs 3, 6 and 7. [4] Subparagraph 3 is a trademark consisting solely of a mark indicating, in a common manner, the quality, shape and the like of the goods. Subparagraph 6 is a trademark consisting solely of a simple and readily available mark (simple and commonplace sign). Subparagraph 7 is any other trademark by which consumers cannot identify whose business the goods it indicates relate to. [1]

Even a trademark that falls under subparagraphs 3 to 7 of Art. 33(1) can be registered if it has acquired distinctiveness through use. This is the case where, as a result of using the trademark from before the filing of the trademark application, the trademark has become recognizable among consumers as indicating the source of the goods of a specific person. In that case registration is granted limited to the goods on which the trademark has been used (Trademark Act, Art. 33(2)). [1] The common name of the goods (usual name of the goods; subparagraph 1) and a trademark used customarily in connection with the goods (mark customarily used on the goods; subparagraph 2) are not stated in Art. 33(2). [1]

Subparagraph 7 has been included in Art. 33(2) since Act No. 19809. That Act was promulgated on 31 October 2023 and entered into force on 1 May 2024. The former provision read “subparagraphs 3 to 6”. [1][5] The Addenda to Act No. 19809 have no applicability provision or transitional measure on Art. 33. [1] The Trademark Examination Guidelines state that subparagraph 7 was “in force from 31 October 2023”, but that date is the date of promulgation. [1][4]

The Trademark Examination Guidelines take the following view for each type. [4]

The Trademark Examination Guidelines recognize acquired distinctiveness through use for a trademark consisting solely of colors and a position trademark limited to the designated goods on which the mark was directly used and acquired distinctiveness. [4] On the period of use, the Trademark Examination Guidelines state that, in principle, substantially exclusive and continuous use for 5 years or more can be considered as an important basis for the assessment. They add that even if the period of use is short, a large rise in sales, market share or recognition can be taken into account. [4] This criterion is a standard for the examiner’s assessment, and the statutory requirement is the wording of Art. 33(2).

The applicant may file documents and evidence proving that the trademark falls under Art. 33(2). The matters are the trademark used, the period of use, the area of use, the volume of production, processing, certification or sales of the designated goods, the method and frequency of use, and the results of a survey of consumer recognition. Other matters proving the fact of use may also be filed (Enforcement Rules of the Trademark Act, Art. 28(7)). [3]

A shape, color, sound or smell that is essential to function cannot be registered

Art. 34(1), subparagraph 15 of the Trademark Act excludes functional marks from registration. It covers a trademark consisting solely of a three-dimensional shape, color, combination of colors, sound or smell that is essential to secure the function of the goods for which trademark registration is sought or of the package of those goods. For services, it means a case essential for their use and purpose. [1] Whether a trademark falls under this subparagraph is determined as of the time of the decision on whether to grant trademark registration (Trademark Act, main clause of Art. 34(2)). [1]

Art. 33(2), which provides for acquired distinctiveness through use, applies only to subparagraphs 3 to 7 of Art. 33(1). Art. 34(1), subparagraph 15 is not stated in Art. 33(2). [1] The Trademark Examination Guidelines also state that even if a three-dimensional shape, color or sound is distinctive, the application is rejected under Art. 34(1), subparagraph 15 if the mark is functional. The same applies where there is acquired distinctiveness through use. [4]

The Trademark Examination Guidelines give three cases that are essential to secure the function. They are a case that is essential to performing the function, a case that plays an essential role in the process of use, and a case that gives an advantage in competition by affecting quality or price. [4]

There are limits on effect after registration as well. There are cases where it cannot be identified whose business the goods indicated by the shape of a registered trademark consisting of a three-dimensional shape relate to. In such a case the trademark right does not have effect on a trademark consisting of an identical or similar shape used on goods identical or similar to the designated goods of the registered trademark (Trademark Act, Art. 90(1), subparagraph 3). [1] Nor does it have effect on a trademark consisting of a shape, color, combination of colors, sound or smell essential to secure the function of the designated goods of the registered trademark or their package (subparagraph 5 of the same paragraph). [1]

A trademark that designates Korea through Madrid cannot be amended

An international application that has been internationally registered under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) and that designates Korea is deemed a trademark application under the Trademark Act (Trademark Act, Art. 180(1)). [1] The purpose of the trademark registered on the International Register (International Trademark Register) is deemed the purpose of that trademark stated in the written application for trademark registration (Trademark Act, Art. 182(2)). [1]

The kinds of marks indicated in the international application are in Rule 9(4)(a) of the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. Where the basic application or the basic registration relates to a three-dimensional mark or a sound mark, the international application carries that indication. A mark that consists of a color or a combination of colors as such also carries that indication (Rule 9(4)(a)(vii bis), (viii) and (ix)). [6] The kinds of marks for which Rule 9(4)(a) requires an indication are these three and the collective mark, the certification mark and the guarantee mark. [6] A description of the mark is given as it is where the basic application or the basic registration contains a description and the Office of origin requires it (Rule 9(4)(a)(xi)). In other cases as well, the applicant may include a description of the mark in the international application (Rule 9(4)(b)(vi)). [6]

In an application for international trademark registration, the trademark cannot be amended. Art. 185 of the Trademark Act has the object of amendment read as the designated goods (paragraphs (1) and (4)). An amendment of the designated goods before the decision to publish the application is limited to the case where a notification of grounds for rejection under Art. 55(1) has been received (paragraph (1) of the same Article). [1] Art. 40(1), subparagraph 1 and Art. 41(1), subparagraph 2-2, which provide for amendment within the period for requesting a re-examination, do not apply to an application for international trademark registration. Art. 40(2), subparagraph 4, which deems omission of a supplemental portion of the trademark not to change the substance of the application, does not apply either (Trademark Act, Art. 185(2)). [1] The Trademark Examination Guidelines state that in an international application any change of the specimen of the trademark is treated as a change of the substance of the application. [4]

The sound file and the smell sample are filed separately in Korea. For an application for international trademark registration that includes a visually imperceivable mark, 1 sound file or a smell sample is attached to a written amendment and filed. The smell sample is 3 sealed containers or 30 scent patches (Enforcement Rules of the Trademark Act, Art. 87-2(1)). [3] The period is 3 months from the date of receipt of the notice of amendment under Art. 39 of the Trademark Act or 3 months from the date on which the International Bureau gave the notification of the territorial extension (paragraph (2) of the same Article). [3]

The Trademark Examination Guidelines state that non-traditional trademarks in applications for international trademark registration are examined as follows. [4]

• For a trademark consisting solely of colors, a hologram trademark, a motion trademark, an other visually perceivable trademark and a sound trademark, the examiner checks whether the explanation of the trademark is properly stated in the international application. If it is not stated or is unclear, an ex officio notification of provisional refusal is issued for violation of the definition provision in Art. 2(1) of the Trademark Act.
• A three-dimensional trademark, a hologram trademark and a motion trademark are accepted if the trademark can be understood from 1 specimen.
• If a trademark for which a visual expression is mandatory, such as a sound trademark, has no visual expression, an ex officio notification of provisional refusal is issued for violation of the same definition provision. However, if the visual expression can be recognized from the explanation of the trademark in the international application, it is regarded as properly stated.
• If the sound file is not filed, its filing is required by a separate notice and an ex officio notification of provisional refusal is issued. If it is still not filed after that, or the sound file filed does not correspond to the visual expression, a decision to reject trademark registration is made.
• Acquired distinctiveness through use must be recognized on the basis of use in Korea. If materials on the fact of use in foreign countries are filed, they can be referred to in the assessment.

The differences between a direct application and a Madrid designation are covered in “Should I file in Korea directly or through the Madrid system?“.

Besides trademarks, there are collective marks, certification marks and business emblems

The 9 types above are a classification by the composition of the mark. Separately from this, the Trademark Act divides the kinds of registration by who uses the mark and for what. They are the collective mark, the collective mark with geographical indication (collective mark for a geographical indication), the certification mark, the certification mark with geographical indication and the business emblem (Trademark Act, Art. 2(1), subparagraph 3 and subparagraphs 6 to 9). [1]

The provisions on trademarks apply to collective marks, certification marks and business emblems, except as specially provided in the Trademark Act (Trademark Act, Art. 2(3)). [1] The provisions on collective marks with geographical indication apply to certification marks with geographical indication, except as specially provided in the Trademark Act (paragraph (4) of the same Article). [1] The documents attached to the application differ. A collective mark requires the articles of incorporation (articles of association), a certification mark requires the articles of incorporation or the rules and documents proving the ability to certify and manage, and a business emblem requires documents proving that the business is conducted (Trademark Act, Art. 36(3), (4) and (6)). [1] For a collective mark with geographical indication and a certification mark with geographical indication, documents that can prove consistency with the definition of a geographical indication are attached in addition (paragraph (5) of the same Article). [1]

A certification mark is subject to a restriction that it cannot be held together with other marks. A person who has filed an application for, or obtained registration of, a trademark, collective mark or business emblem cannot obtain registration of a mark identical or similar to that trademark or other mark as a certification mark. The reverse is also true (Trademark Act, Art. 3(4) and (5)). [1]

The procedure from application to registration is covered in “How do I register a trademark in Korea?“.

What applicants should do

• In general, we suggest deciding the trademark type before filing. An amendment that changes the type is in principle treated as a change of the substance of the application.
• For the shape of a product or container, we suggest checking two points before filing it as a three-dimensional trademark. They are whether the shape is recognized as the ordinary shape of the designated goods, and whether the shape is essential to secure the function.
• For a trademark consisting solely of colors, a sound trademark, a smell trademark and a position trademark, we suggest collecting materials on use in Korea before filing. Art. 33(2) of the Trademark Act states use from before the filing of the trademark application as a requirement.
• For a sound trademark and a smell trademark, we suggest checking before filing whether the visual expression, the explanation of the trademark and the sound file or smell sample match each other.
• For an applicant who intends to designate Korea through Madrid for a non-traditional trademark, we suggest checking before the designation whether the mark and the description in the international application meet the Korean requirements. In an application for international trademark registration, the trademark cannot be amended.
• Please check the choice of type and the scope of evidence in an individual case with your agent.

FAQ

Can a sound or a smell be registered as a trademark in Korea?

It can be a mark (Trademark Act, Art. 2(1), subparagraph 2). [1] However, the Trademark Examination Guidelines state that a sound and a smell are in principle regarded as lacking distinctiveness, and that registration is possible where acquired distinctiveness through use under Art. 33(2) of the Trademark Act is recognized. [4] A visual expression must be stated in the application, and a sound file or smell sample is attached. [3]

Can a single color alone be registered as a trademark?

The application has the type “trademark consisting solely of colors”. [3] The Trademark Examination Guidelines state that acquired distinctiveness through use must be recognized in relation to the designated goods. Art. 33(1), subparagraph 6 of the Trademark Act applies to a single color for which it is not proved. [4]

Can the shape of a product be registered as a trademark?

It can be filed as a three-dimensional trademark. [3] The Trademark Examination Guidelines regard a shape that is recognized as no more than the ordinary shape of the designated goods as lacking distinctiveness. [4] A trademark consisting solely of a three-dimensional shape that is essential to secure the function of the goods or their package cannot be registered (Trademark Act, Art. 34(1), subparagraph 15). [1]

Can the trademark type be changed after filing?

The Trademark Examination Guidelines in principle treat a change of type that changes the essence of the mark as a change of the substance of the application. A change where it is clear that the applicant stated the type wrongly is not treated as a change of the substance of the application. [4]

When is the sound file filed for a sound trademark that designates Korea through Madrid?

It is attached to a written amendment and filed within 3 months from the date of receipt of the notice of amendment under Art. 39 of the Trademark Act or 3 months from the date on which the International Bureau gave the notification of the territorial extension (Enforcement Rules of the Trademark Act, Art. 87-2). [3]

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm decides the type of the mark first, before filing a trademark application. For a non-traditional trademark, we check before filing whether the specimen, the explanation of the trademark and the visual expression match each other, and the scope of the materials on use. For questions about marks that can be registered in Korea, please write to contact@defineip.kr.

Sources

1. Trademark Act (상표법), Act No. 21134, in force from 11 November 2025. Articles 2, 3, 33, 34(1), subparagraph 15, and 34(2), 36, 37, 38, 39, 40, 41, 54, 90, 91, 180, 182 and 185, Addenda (Act No. 19809, promulgated on 31 October 2023, in force from 1 May 2024). https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
2. Enforcement Decree of the Trademark Act (상표법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Article 2. https://www.law.go.kr/법령/상표법시행령 (verified 9 October 2026)
3. Enforcement Rules of the Trademark Act (상표법 시행규칙), Prime Ministerial Decree No. 2120, in force from 17 June 2026. Articles 25, 28, 29, 31, 33 and 87-2, Form 3 (written application for trademark registration) and its instructions for the form, subparagraphs 10 to 13 and 16. https://www.law.go.kr/법령/상표법시행규칙 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Trademark Examination Guidelines (상표심사기준), MOIP Established Rule No. 5, in force from 10 December 2025. Part 2, Chapter 3; Part 3, Chapter 2; Part 4, Chapter 9; Part 5, Chapter 15; Part 8, Chapters 1 to 7; Part 9, Chapter 3. https://www.law.go.kr/행정규칙/상표심사기준 (verified 9 October 2026)
5. Trademark Act (상표법), Act No. 19711, in force from 15 March 2024 (before the amendment of Art. 33(2)). Article 33. Version history at https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
6. WIPO, Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (마드리드 의정서 규칙), as in force on 1 November 2025. Rule 9(4)(a) and (b). https://www.wipo.int/wipolex/en/text/596531 (verified 9 October 2026)