How does trademark opposition work in Korea?

Jonghwan Choi, Managing Partner · Published 27 October 2026

Last verified 9 October 2026

Time limits and fees at a glance

As of October 2026. The 30-day opposition period applies to trademark applications published on or after 22 July 2025.

The 1 month for the written answer and the extension of the amendment period are the rules for domestic applications. For applications filed through the Madrid Protocol, see “Madrid applications have different periods” below.

Any person can oppose on the grounds for rejection

Any person can file an opposition (Trademark Act (상표법), Art. 60(1)). [1] This differs from a trial to invalidate trademark registration, which can be requested by an interested party or an examiner (Art. 117(1)). [1]

The Act allows two grounds for opposition. The first is that the application falls under the grounds for rejection for a decision to reject trademark registration under Article 54 of the Trademark Act. The second is that it falls under the grounds for rejection for a decision to reject registration of additional designated goods under Article 87(1) (Art. 60(1), subparagraphs). [1]

Article 54, subparagraph 3 makes it a ground for rejection that the trademark cannot be registered under Articles 33 to 35, Article 38(1) and certain other provisions. [1] Article 33 concerns the requirements for trademark registration, Article 34 concerns trademarks that cannot be registered, and Article 35 concerns the earlier application. [1]

An opposition can be filed against all or some of the designated goods (Trademark Examination Guidelines (상표심사기준), Part 6, Chapter 4, 1.3). [8]

The notice of opposition states the opponent, the agent, the subject of the opposition and the matters opposed. It also states the grounds for opposition and an indication of the necessary evidence (Art. 60(2)). [1] The notice of opposition is Form 7 of the Enforcement Rules of the Trademark Act (상표법 시행규칙). Documents proving the matters opposed and a document verifying the agency authority are attached (Enforcement Rules, Art. 51(1)). [3]

Documents filed with the Ministry of Intellectual Property (지식재산처, MOIP) are written in Korean. A document that can only be filed in a foreign language is filed with a Korean translation attached (Enforcement Rules, Art. 15). [3]

A person with no address or place of business in Korea can take a trademark procedure only through a trademark manager (상표관리인) (Trademark Act, Art. 6(1)). [1] There is an exception when that person (for a corporation, its representative) is staying in Korea. [1] A trademark manager is an agent who has an address or place of business in Korea. [1]

The opposition period is 30 days and cannot be extended

The opposition period is 30 days from the publication date of the application (Trademark Act, Art. 60(1)). [1] Act No. 20697, promulgated on 21 January 2025, shortened the former 2 months to 30 days. [1][2] The amendment entered into force on 22 July 2025. [1]

An opposition to an application that had already been published on 22 July 2025 follows the former provisions (Addenda to Act No. 20697, Art. 4). [1] Under the former provisions, the opposition period is 2 months from the publication date. [2]

The first day of a period is not counted (Trademark Act, Art. 16, subparagraph 1). [1] If the last day of a period is a public holiday, the period expires on the next day. Saturdays and Workers’ Day (노동절) count as public holidays for this purpose (Art. 16, subparagraph 4). [1]

Article 17(1) of the Trademark Act lists three periods that can be extended. They are the amendment period under Article 61, the period for requesting a trial under Article 115 and the period for requesting a trial under Article 116. [1] The opposition period under Article 60(1) is not among the three. [1]

The same is true of subsequent completion of a procedure when a period was missed for a cause not attributable to the person. Article 19 of the Trademark Act covers the two periods for requesting a trial and the period for requesting a retrial. It does not cover the opposition period. [1]

The Enforcement Rules of the Trademark Act provide that a request for extension of the period is returned when the period is one that cannot be extended (Art. 25(1), subparagraph 14). [3] Documents that are not filed within a period set by law are also returned (subparagraph 13 of the same paragraph). [3]

The Trademark Examination Guidelines also list a notice of opposition filed after the opposition period among the documents to be returned (Part 6, Chapter 4, 1.1.1). [8] However, they provide that documents filed after the period are still consulted as material for ex officio examination (1.1.2). [8]

The Trademark Examination Guidelines in force from 10 December 2025 still state the opposition period as 2 months from the publication date of the application (Part 6, Chapter 3, 1.1 and Chapter 4, 1.1.1). [8] The period under Article 60(1) of the Trademark Act now in force is 30 days. [1]

Two English-language materials also state the former period. The English translation of the Trademark Act carried by the Ministry of Government Legislation (법제처) is the version in force from 1 May 2024, and it states the period in Article 60(1) as “two months”. [9] The Application Procedure page for trademarks on the MOIP English website also states, as of 9 October 2026, that an opposition can be filed “within two months”. [10]

Grounds and evidence can be amended for 30 more days

The opponent can amend the grounds and evidence stated in the notice of opposition within 30 days after the opposition period has ended (Trademark Act, Art. 61). [1]

This amendment period can be extended once, by up to 30 days (Art. 17(1), subparagraph 1). [1] A person in a remote area or an area with poor access to transport can obtain one more extension of up to 30 days (Art. 17(1), proviso; Enforcement Rules, Art. 7). [1][3] The fee for extension of a statutory period is KRW 20,000 per case for one extension (Fee Regulation, Art. 5(1), subparagraph 10 (a)). [4]

If the opponent has not submitted grounds or evidence within the opposition period, the collegial body of examiners can dismiss the opposition by a decision after the amendment period under Article 61 has ended (Art. 66(4)). [1] A directive of the Ministry of Intellectual Property makes it a ground for dismissal that no grounds or evidence are submitted within the amendment period that follows the end of the opposition period (Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정), Art. 55(1), subparagraph 1). [6]

The applicant responds with a written answer and an amendment

The chief examiner serves a copy of the notice of opposition on the applicant and gives the applicant an opportunity to file a written answer within a set period (Trademark Act, Art. 66(1)). [1] The copy is served after the period for amending the grounds for opposition has ended (Regulations for the Handling of Trademark Examination Affairs, Art. 56). [6]

A period designated by the chief examiner, such as the period for the written answer, is up to 1 month (Art. 57(1) of the same Regulations). [6] This period can be extended once only, by up to 1 month, ex officio or on request (Art. 57(2)). [6] The fee for extension of a designated period is KRW 20,000 for the part of the extension that does not exceed 1 month (Fee Regulation, Art. 5(1), subparagraph 10-2 (a)). [4]

The applicant can amend the designated goods and the trademark within the period for the written answer (Trademark Act, Art. 41(1), subparagraph 3). [1] The amendment must relate to matters shown in the grounds for opposition, and it must not change the substance of the application as first filed. [1] A reduction of the scope of the designated goods is deemed not to change the substance (Art. 40(2), subparagraph 1). [1]

An amendment that changes the substance is dismissed by a decision (Art. 42(1)). [1] A decision dismissing an amendment made after the decision to publish the application cannot be challenged separately. This does not apply when an appeal against the decision to reject is filed (Art. 42(5)). [1]

The opponent’s opinion on the written answer, and the applicant’s further answer to that opinion, are filed on the form for a written opinion (Enforcement Rules, Art. 51(4)). [3]

A collegial body of 3 examiners decides

An opposition is examined and decided by a collegial body of examiners (심사관합의체) composed of 3 examiners (Trademark Act, Art. 62(1)). [1]

The collegial body of examiners can also examine grounds that neither the applicant nor the opponent has raised. In that case, it must set a period and give an opportunity to state an opinion (Art. 63). [1] If a ground for rejection is found in the ex officio examination, the applicant is given a period of 2 months to submit an opinion (Regulations for the Handling of Trademark Examination Affairs, Art. 58(2)). [6]

If there are two or more oppositions, the collegial body of examiners can examine and decide them jointly or separately (Art. 64). [1] If the collegial body finds that one of the oppositions is well founded, it need not decide the other oppositions (Art. 65(1)). [1]

The decision is made after the opposition period and the period for the written answer have ended (Art. 66(2); Regulations for the Handling of Trademark Examination Affairs, Art. 60(2)). [1][6] The decision is made in writing and states its reasons. If the reasons differ between two or more designated goods, reasons are stated for each of the designated goods (Art. 66(3)). [1]

According to the Trademark Examination Guidelines, if the opposition is well founded, the collegial body of examiners issues a decision to reject trademark registration for the application. If it is not well founded, the collegial body issues a decision to grant trademark registration (decision to register a trademark; Part 6, Chapter 4, 2.3.6). [8]

If a ground for rejection exists for only some of the designated goods, the decision to reject is issued only for those designated goods (Trademark Act, Art. 54, latter part). [1] The latter part of Article 54 applies to trademark applications filed on or after 4 February 2023 (Addenda to Act No. 18817, Art. 3). [1]

If the examiner finds a ground for rejection after publication of the application, the examiner can issue a decision to reject ex officio. In that case, even if an opposition has been filed, no decision is made on that opposition (Art. 67(1) and (2)). [1]

If an opposition is withdrawn, it is deemed never to have existed (Regulations for the Handling of Trademark Examination Affairs, Art. 62(1)). [6] Even after the withdrawal, the examiner in charge of the opposition decision reviews the grounds and evidence that were filed. If the examiner finds that a ground for rejection exists, the examiner notifies the applicant ex officio and gives an opportunity to submit an opinion (Art. 62(3)). [6]

The remedy against the decision differs for each party

The applicant challenges the decision by requesting a trial under Article 116 of the Trademark Act (Art. 66(6), subparagraph 1). [1] The period for requesting the trial is 3 months from the date on which the certified copy of the decision to reject is served (Art. 116). [1]

This period can be extended once, by up to 30 days (Art. 17(1), subparagraph 3). [1] If the period was missed for a cause not attributable to the person, the procedure can be completed subsequently within 2 months from the date on which the cause ceased to exist. However, this is not possible once 1 year has passed from the expiration date of the period (Art. 19). [1]

The trial request fee for an appeal against the decision to reject, when filed electronically, is KRW 240,000 for each class to which the grounds of the appeal relate. [4] If a class has more than 10 designated goods, KRW 2,000 is added for each designated good above 10. This additional fee does not apply to an application for international trademark registration (Fee Regulation, Art. 5(3), subparagraph 1 (a)). [4]

For applications filed before 1 August 2023, the fee follows the former provisions (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517, Art. 5(3)). [4] Under the former provisions, the fee was KRW 240,000 per class plus KRW 2,000 for each designated good above 20. [5]

Article 55-2 of the Trademark Act provides that a person who has received a decision to reject trademark registration can request re-examination together with an amendment. [1] The Trademark Examination Guidelines exclude a decision to reject based on an opposition from the decisions for which re-examination can be requested (Part 2, Chapter 9, 1.2.1). [8]

Articles 57 to 68 apply mutatis mutandis to a trial against a decision to reject trademark registration under Article 54 (Art. 123(1), former part). [1] These are the provisions on publication of the application and opposition. If the application has already been published, Article 57 does not apply mutatis mutandis (latter part of the same paragraph). [1]

The opponent challenges the decision by requesting a trial to invalidate trademark registration under Article 117 of the Trademark Act (Art. 66(6), subparagraph 2). [1] Such a trial can be requested by an interested party or an examiner (Art. 117(1)). [1]

The grounds for a trial to invalidate trademark registration are set out in the subparagraphs of Article 117(1) of the Trademark Act. Of the provisions named in Article 54, subparagraph 3, Article 38(1) does not appear in Article 117(1), subparagraph 1. [1]

The trial request fee for a trial to invalidate trademark registration is calculated, for the classes to which the grounds of the request relate, on the same basis as the fee for an appeal against the decision to reject. There is no additional fee for designated goods above the threshold (Fee Regulation, Art. 5(3), subparagraph 3). [4]

The exclusion of the additional fee for applications for international trademark registration and the exclusion of the additional fee for trials to invalidate trademark registration are wording introduced by the amendment of 27 February 2026. [4]

For some grounds for invalidation, a trial to invalidate trademark registration can no longer be requested once 5 years have passed from the registration date of the trademark. This applies to the grounds under Article 34(1), subparagraphs 6 to 10 and subparagraph 16, and under Article 35 (Art. 122(1)). [1]

Outside the opposition period, provision of information is available

Any person can provide information, together with evidence, that a trademark applied for cannot be registered because it falls under one of the subparagraphs of Article 54 (Trademark Act, Art. 49). [1]

According to the Trademark Examination Guidelines, information can be provided until the decision on whether to grant trademark registration, and there is no official fee (Part 6, Chapter 3, Purpose and 1.1). [8] Information can also be provided after publication of the application, separately from an opposition. [8]

A directive of the Ministry of Intellectual Property provides that the person who provided the information is notified of the examination result and of whether the information was used. No notification is given for information provided anonymously (Regulations for the Handling of Trademark Examination Affairs, Art. 33). [6]

Madrid applications have different periods

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 article follows the term used in the Act and calls it an application for international trademark registration (국제상표등록출원).

In response to an opposition, the applicant of an application for international trademark registration can amend only the designated goods (Art. 185(4)). [1]

In an opposition to an application for international trademark registration, a period designated by the examiner or the chief examiner is up to 2 months. As a rule, it can be extended up to 2 times, by 1 month each time (Regulations for the Handling of Examination Affairs for Applications for International Trademark Registration (국제상표등록출원 심사사무취급규정), Art. 24). [7]

In an opposition to an application for international trademark registration, an extension of the period for amending the grounds and evidence is not allowed (Art. 35 of the same Regulations). [7]

The notification of provisional refusal based on an opposition is sent to the International Bureau within 1 month after the amendment period has ended (Art. 39(2) of the same Regulations). [7]

Example

An opposition is filed against an application in 3 classes that was published on Monday, 9 November 2026. It is assumed that the last day of each period is not a public holiday.

The amendment period starts when the opposition period has ended, that is, at 0:00 on 10 December 2026. When a period starts at 0:00, the first day is counted (Trademark Act, Art. 16, subparagraph 1, proviso). [1]

What opponents and applicants should do

• In general, we suggest checking the publication of competing trademark applications at intervals shorter than 30 days. The opposition period cannot be extended.
• If there is not enough time to prepare, consider filing the notice of opposition within the period first and completing the grounds and evidence during the amendment period.
• If the opposition period has been missed, we suggest considering provision of information before the decision on whether to grant trademark registration, and a trial to invalidate trademark registration after registration.
• We suggest that an applicant who receives a copy of the notice of opposition review the answer and an amendment of the designated goods together, within the period for the written answer.
• We suggest that a party with no address or place of business in Korea appoint a trademark manager before the time limit.
• Please confirm decisions in individual cases with your Korean agent.

FAQ

Can the 30-day opposition period be extended?

No. The periods that can be extended under Article 17(1) of the Trademark Act are the period for amending the grounds and evidence and the two periods for requesting a trial. [1] A request for extension of the period is returned when the period is one that cannot be extended (Enforcement Rules, Art. 25(1), subparagraph 14). [3] The period for amending the grounds and evidence can be extended once, by up to 30 days. [1]

Is the opposition period not 2 months?

Since 22 July 2025, it is 30 days from the publication date of the application. [1] The former 2 months apply only to applications that had already been published on 22 July 2025. [1][2]

Does the opponent need an earlier registered trademark to file an opposition?

Article 60(1) of the Trademark Act provides that “any person” can file an opposition. [1] The ground for opposition must be that the application falls under the grounds for rejection in Article 54 or the grounds for rejection in Article 87(1). [1]

What can the opponent do if the opposition is not accepted?

The opponent challenges the decision by requesting a trial to invalidate trademark registration (Trademark Act, Art. 66(6), subparagraph 2). [1] Such a trial can be requested by an interested party or an examiner. [1]

If the opposition is withdrawn, is the application registered?

A withdrawn opposition is deemed never to have existed. [6] However, the examiner in charge of the opposition decision reviews the grounds and evidence that were filed. If the examiner finds that a ground for rejection exists, the examiner notifies the applicant ex officio and gives an opportunity to submit an opinion. [6]

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm checks the last day of the opposition period at the stage when a trademark application is published. For an application on which a copy of the notice of opposition has been received, we confirm the options for the answer and the amendment with the applicant within the period for the written answer. For questions about trademark opposition in Korea, please write to contact@defineip.kr.

Sources

1. Trademark Act (상표법), Act No. 21134, in force from 11 November 2025. Articles 6, 16, 17, 19, 33 to 35 (titles), 40 to 42, 49, 54, 55-2, 60 to 67, 116, 117, 122, 123, 180 and 185, Addenda (Act No. 18817, 3 February 2022) Art. 3, Addenda (Act No. 20697, 21 January 2025) Arts. 1 and 4. https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
2. Trademark Act (상표법), Act No. 20200, in force from 7 August 2024 (opposition period before the amendment). Article 60(1). Version history at https://www.law.go.kr/법령/상표법 (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 7, 15, 25 and 51. https://www.law.go.kr/법령/상표법시행규칙 (verified 9 October 2026)
4. 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), subparagraphs 10, 10-2 and 12, Article 5(3), subparagraphs 1 and 3, Addenda (Ordinance of the Ministry of Trade, Industry and Energy No. 517, 1 August 2023) Art. 5(3). Article 5(3) was compared with the version in force from 1 October 2025 (Prime Ministerial Decree No. 2054). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Ordinance of the Ministry of Trade, Industry and Energy No. 499, in force from 4 February 2023 (amounts before the amendment). Article 5(3), subparagraph 1. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
6. 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 33, 55 to 58, 60 and 62. https://www.law.go.kr/행정규칙/상표심사사무취급규정 (verified 9 October 2026)
7. 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 24, 35 and 39. https://www.law.go.kr/행정규칙/국제상표등록출원심사사무취급규정 (verified 9 October 2026)
8. Ministry of Intellectual Property (지식재산처), Trademark Examination Guidelines (상표심사기준), MOIP Established Rule No. 5, in force from 10 December 2025. Part 2, Chapter 9, Request for re-examination; Part 6, Chapter 3, Provision of information; Part 6, Chapter 4, Examination of oppositions. https://www.law.go.kr/행정규칙/상표심사기준 (verified 9 October 2026)
9. Ministry of Government Legislation (법제처), TRADEMARK ACT (English translation of the Trademark Act, Act No. 19809), version in force from 1 May 2024. Article 60(1). https://www.law.go.kr/LSW/eng/engMain.do (verified 9 October 2026)
10. Ministry of Intellectual Property (지식재산처) English website, Trademarks > Application Procedure, “Last updated 02 April 2026”. Opposition item. https://www.moip.go.kr/en/HtmlApp?c=30103&catmenu=ek04_02_01 (verified 9 October 2026)