What changed in the Korean Trademark Act in 2025?

Jonghwan Choi, Managing Partner · Published 4 November 2026

Last verified 9 October 2026

What changed

The rows are in order of enforcement date. The “Previous” column shows the wording of the version immediately before that amendment.

A version-by-version comparison of the 246 Articles of the Trademark Act shows that the Articles in the table above are the only ones whose text differs. [1][2][3][4] In the version of 27 May 2025 it is one Article, Art. 2, and in the version of 22 July it is three Articles, Arts. 57, 60 and 110. [1][2] In the version of 1 October it is 89 Articles, and in the version of 11 November it is one Article, Art. 16. [3][4]

Act No. 20697 was promulgated on 21 January 2025 and, under Art. 1 of its Addenda, entered into force six months after the date of its promulgation. [1] This is why Act No. 20697, which was promulgated first, entered into force later than Act No. 20965. [1][2]

27 May 2025: one act was added to “use of a trademark”

Act No. 20965 newly inserted item (c) in Art. 2(1), subparagraph 11. [2] The new item (c) is “the act of supplying into Korea, through another person such as a carrier, goods or packages of goods on which a trademark was displayed abroad”. [2]

The previous subparagraph 11 had three acts. [2]

• Item (a): displaying a trademark on goods or packages of goods
• Item (b): transferring or delivering goods or packages on which a trademark is displayed, or providing them through telecommunications lines, or exhibiting, exporting or importing them for that purpose
• Item (c): displaying a trademark on advertisements for goods, price tags, transaction documents or other means, and exhibiting them or giving them wide publicity

Items (a) and (b) were not amended. The previous item (c) became item (d) with its wording unchanged. [2][5]

The statement of reasons for the amendment published by the Ministry of Government Legislation describes the background as follows. More consumers in Korea buy overseas counterfeit goods directly, over the Internet and by other means. The amendment is intended to make clear the legal basis for preventing overseas counterfeit goods from being supplied into Korea. [2]

The wording of the new item (c) contains nothing that limits the nationality or the address of the person who supplies. [2] What item (c) states is an act. The place where the trademark is displayed is “abroad”, the method of supply is “through another person such as a carrier”, and the place of supply is “Korea”. [2]

“Use of a trademark” is a term used by many provisions of the Trademark Act. Art. 108(1), subparagraph 1 states two acts deemed infringement of trademark rights. One is using a trademark identical to a registered trademark of another person on goods similar to the designated goods. The other is using a trademark similar to a registered trademark of another person on goods identical or similar to the designated goods. [5] Art. 110(7), which raised the cap on the damages, also describes its target as a person who infringed “by using” a trademark. [5]

The Addenda to Act No. 20965 are one sentence: “This Act shall enter into force on the date of its promulgation.” [2] There is no applicability provision (적용례) and no transitional measure (경과조치). [2]

Use of a trademark in general is covered in “What counts as use of a trademark in Korea?”.

22 July 2025: the opposition period was shortened from 2 months to 30 days

The opposition period under the current Art. 60(1) is within 30 days from the date of publication of the application. [5] Act No. 20697 changed “within 2 months” to “within 30 days”. [1]

Who can file an opposition, and on what grounds, is unchanged. Once the application is published, any person may file an opposition. [5] The ground is that the application falls under a ground for rejection for a decision to reject trademark registration (Art. 54) or a ground for rejection for a decision to reject registration of additional designated goods (Art. 87(1)). [5]

The period for amending the grounds and evidence of the opposition is also unchanged. The opponent may amend the grounds and evidence stated in the notice of opposition (이의신청서) within 30 days after the opposition period has passed (Art. 61). [5] Act No. 20697 did not amend Art. 61. [1]

The amendment period under Art. 61 can be extended. The Minister of Intellectual Property may extend this period once, by not more than 30 days, at the request of a party or ex officio (Art. 17(1), subparagraph 1). [5] A person in an area with poor access to transport, such as an island or a remote area, may be granted additional extensions in number and in length, as prescribed by Prime Ministerial Decree (Art. 17(1), proviso). [5] The opposition period under Art. 60(1) is not among the subparagraphs of Art. 17(1). [5]

Art. 60 also applies mutatis mutandis to other procedures. Arts. 57 through 68 apply mutatis mutandis to an application for registration of additional designated goods (지정상품추가등록출원) (Art. 88(2)). [5] Arts. 57 through 68 also apply mutatis mutandis to an appeal against the examiner’s decision to reject a trademark application (trial against decision to reject trademark registration; 상표등록거절결정에 대한 심판) (Art. 123(1), former part). [5] However, if the application has already been published, Art. 57 does not apply mutatis mutandis (Art. 123(1), latter part). [5]

An international application that designates the Republic of Korea under the Madrid Protocol is deemed a trademark application under the Trademark Act (Art. 180(1)). [5] Arts. 180 through 208 contain no provision that sets the period of Art. 60(1) differently. [5] Art. 191 only changes how the wording is read when the main clause of Art. 57(1) is applied to an application for international trademark registration. [5] Art. 207, however, provides a special case for transformation (reapplication; 재출원). Where a transformation under Art. 205 or Art. 206 relates to a registered trademark that was established and registered under Art. 197, Arts. 54, 55 and 57 and Arts. 60 through 67 do not apply. [5] A case that falls under Art. 54, subparagraph 2 is excluded from this special case (Art. 207, proviso). [5]

The statement of reasons for the amendment published by the Ministry of Government Legislation says that the period was shortened in order to protect the rights of applicants in a timely manner and to allow stable use of trademarks. [1]

The opposition procedure and its cost are covered in “How does trademark opposition work in Korea?“.

22 July 2025: the period for public inspection of the application documents also became 30 days

The period for public inspection under the current Art. 57(3) is 30 days from the date of publication of the application. [5] During this period the Minister of Intellectual Property must make the trademark application documents and the accompanying documents available for public inspection at the Ministry of Intellectual Property. [5] The previous period was 2 months. [1]

The period of Art. 57(3) is also used for ex officio amendment (직권보정). When deciding to publish the application, the examiner may amend ex officio a matter stated in the written application that is clearly incorrect (Art. 59(1)). [5] If the applicant cannot accept the ex officio amendment, the applicant must submit a written opinion (의견서) “within a period under Article 57(3)” (Art. 59(3)). [5]

Act No. 20697 did not amend Art. 59. [1] However, the period of Art. 57(3), to which Art. 59(3) refers, changed from 2 months to 30 days. [1][5] The Trademark Examination Guidelines (상표심사기준), Part 3, Chapter 3, 3.2 state that this written opinion can be submitted “within the period of publication of the application”. [7] The Trademark Examination Guidelines do not separately state the number of days of that period. [7]

22 July 2025: the cap on the damages for willful infringement became 5 times

The cap under the current Art. 110(7) is 5 times the amount recognized as damage. [5] Act No. 20697 changed “3 times” to “5 times”. [1] The amendment note attached to paragraph (7) reads “Newly Inserted on Oct. 20, 2020, Jan. 21, 2025” (신설 2020.10.20, 2025.1.21). [5]

The requirements of paragraph (7) were not amended. [1] The target is a person who willfully infringed a trademark right or an exclusive license by using a trademark identical or similar to the registered trademark of the trademark right holder (상표권자) or exclusive licensee (전용사용권자) on goods identical or similar to the designated goods. [5]

The 5 times is a cap. The provision states that the court “may determine” the damages within a range not exceeding 5 times the amount recognized as damage under Art. 110(1) through (6). [5]

The eight matters to be considered in determining the damages are also unchanged (Art. 110(8)). [5]

1. The degree to which the distinctiveness or reputation of the trademark was damaged by the infringement
2. The degree of willfulness or of awareness of the risk of causing damage
3. The scale of the damage that the trademark right holder or exclusive licensee suffered from the infringement
4. The economic benefits that the infringer obtained through the infringement
5. The period, the number of times, etc. of the infringement
6. The fines imposed for the infringement
7. The financial status of the infringer
8. The degree of the efforts made by the infringer to redress the damage

Art. 111, which provides for legal damages (법정손해배상), was not amended in 2025. [1][2][3][4] Art. 111(1) sets the amount that can be claimed in place of claiming damages under Art. 109. The amount is not more than KRW 100 million, and not more than KRW 300 million in the case of willful infringement. [5] It covers infringement by using a trademark identical to, or substantially the same as, the registered trademark that the trademark right holder or exclusive licensee is using, on goods identical to, or substantially the same as, the designated goods. [5]

Remedies for infringement in general are covered in “What remedies are available for trademark infringement in Korea?”.

1 October 2025: the Korean Intellectual Property Office became the Ministry of Intellectual Property

Act No. 21065 is an Act partially amending the Government Organization Act. Art. 7 of its Addenda changed three terms in the Trademark Act. [3]

• “Korean Intellectual Property Office” (특허청) to “Ministry of Intellectual Property” (지식재산처)
• “Commissioner of the Korean Intellectual Property Office” (특허청장) to “Minister of Intellectual Property” (지식재산처장)
• “Ordinance of the Ministry of Trade, Industry and Energy” (산업통상자원부령) to “Prime Ministerial Decree” (총리령)

The statement of reasons for the amendment of the Government Organization Act published by the Ministry of Government Legislation says that the Korean Intellectual Property Office is elevated to the Ministry of Intellectual Property under the jurisdiction of the Prime Minister. [3]

Compared with the immediately preceding version, 89 Articles differ in their text. [3] They are Arts. 3, 11 through 13, 15, 17, 18, 21 through 25, 28 through 32, 34 through 40, 43, 46 through 53, 55 through 57, 59, 60, 62, 65 through 67, 69, 72 through 74, 76, 78 through 82, 84, 86, 87, 93, 96, 100, 124-2, 141-2, 152, 162, 163, 167 through 178, 182, 183, 189, 191, 193, 194, 205, 206, 209 through 211, 215, 221 and 237. [3]

No Article had its period, requirement or amount changed by this amendment. What changed is the three terms above. [3] For example, Art. 60(1) changed the person who receives the opposition from the “Commissioner of the Korean Intellectual Property Office” to the “Minister of Intellectual Property”. [3][5]

The subordinate statutes were aligned on the same date. On 1 October 2025 the Enforcement Decree of the Trademark Act (상표법 시행령) and the Enforcement Rules of the Trademark Act (상표법 시행규칙) were each amended by another statute. They changed “Korean Intellectual Property Office” to “Ministry of Intellectual Property”, “Commissioner of the Korean Intellectual Property Office” to “Minister of Intellectual Property”, and “Ordinance of the Ministry of Trade, Industry and Energy” to “Prime Ministerial Decree”. [6]

The Addenda to Act No. 21065 that are printed in the version of the Trademark Act are Art. 1 (Enforcement Date) and Art. 7 (Amendment of Other Acts). Arts. 2 through 6 and Art. 8 are printed as “Omitted”. [3] This article did not read the omitted Articles.

11 November 2025: “근로자의 날” (Workers’ Day) became “노동절” (Workers’ Day)

Act No. 21134 is the Act that wholly amended the Designation of Workers’ Day Act (근로자의 날 제정에 관한 법률) into the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률). Art. 2(5) of its Addenda amended the citation in Art. 16, subparagraph 4 of the Trademark Act. [4]

Art. 16, subparagraph 4 is the provision on the last day of a period. In trademark-related procedures, where the last day of a period is a public holiday, the period expires on the following day. [5] These public holidays include Saturdays and Workers’ Day (노동절) under the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률). [5]

The previous Art. 16, subparagraph 4 stated “Workers’ Day (근로자의 날) under the Designation of Workers’ Day Act (근로자의 날 제정에 관한 법률)” in the same place. [4] What was amended is the name of the cited Act and the name of the day. [4]

Cases that straddle 22 July 2025

The Addenda to Act No. 20697 have four Articles. Art. 1 is the enforcement date, and Art. 2 is the applicability provision on liability for damages. Arts. 3 and 4 are the transitional measures on the period for public inspection and the opposition period. [1]

Opposition and public inspection: the test is the time of publication of the application

Art. 4 of the Addenda provides that “an opposition to a trademark application already published at the time this Act enters into force” follows the previous provisions. [1] Art. 3 of the Addenda also provides that public inspection of the documents for an application in the same scope follows the previous provisions. [1]

The test is not the filing date. What Arts. 3 and 4 of the Addenda state is whether the application had already been published at the time the Act entered into force. [1] Even if the application was filed before 22 July 2025, it is not covered by Arts. 3 and 4 of the Addenda if it had not been published as of that date. [1]

The guidance from the office also used the date of publication of the application as the test. A press release of 23 July 2025 from the Korean Intellectual Property Office (now the Ministry of Intellectual Property) stated that the amended Trademark Act applies to trademark applications whose date of publication is on or after 22 July 2025. [9]

There are two matters that the wording of the Addenda does not reach.

• Arts. 3 and 4 of the Addenda state only “trademark application”. [1] They do not separately state an application for registration of additional designated goods. [1] Arts. 57 through 68 apply mutatis mutandis to an application for registration of additional designated goods (Art. 88(2)). [5]
• Art. 3 of the Addenda states “public inspection of documents and accompanying documents”. [1] The period for submitting a written opinion on an ex officio amendment under Art. 59(3) is not separately stated in the Addenda. [1]

This article does not state a conclusion on which period applies in these two cases.

Damages: the test is the time when the violation occurs

Art. 2 of the Addenda provides that the amended provision of Art. 110(7) applies “from violations that occur on or after the date on which this Act enters into force”. [1] The date of registration and establishment of the trademark right and the date on which the action was filed are not the test under Art. 2 of the Addenda. [1]

The Addenda do not state how to divide an infringement that began before 22 July 2025 and continued after that date. [1] The Addenda also contain no transitional measure that deals with violations that occurred before 22 July 2025. [1]

Example: two applications whose dates of publication differ by one day

Two trademark applications are assumed. Only the date of publication of the application differs.

The first day of a period is not included in the computation (Art. 16, subparagraph 1). [5] The 2 months for Application A are counted from 22 July 2025 and end on 21 September (Art. 16, subparagraph 3). [5] 21 September 2025 is a Sunday. Sundays are public holidays under Art. 2, subparagraph 1 of the Regulations on Public Holidays of Government Offices (관공서의 공휴일에 관한 규정). [8] Art. 2, subparagraph 1 is the same in the version in force in 2025 and in the current version. [8] The period therefore expires on the following day, 22 September (Art. 16, subparagraph 4). [5]

The 30 days for Application B are counted with 23 July 2025 as the first day and end on 21 August. [5] 21 August 2025 is a Thursday.

Application B is an application published on the enforcement date itself. Art. 4 of the Addenda covers an application “already published at the time this Act enters into force”. [1] The press release of 23 July 2025 from the Korean Intellectual Property Office stated that the amended Trademark Act applies to trademark applications whose date of publication is “on or after” 22 July 2025. [9] This is why the amended provision is shown for Application B.

The dates in the table do not reflect the days occasionally designated by the Government under Art. 2, subparagraph 11 of the Regulations on Public Holidays of Government Offices. [8]

Subordinate statutes and the examination guidelines

The 2025 amendments to the Trademark Act did not newly delegate any amount or procedure to subordinate statutes. The amending texts of Act No. 20697 and Act No. 20965 contain no wording that delegates a matter to Presidential Decree or to a ministerial ordinance. [1][2]

The 2025 versions of the subordinate statutes are as follows. [6]

New versions of the subordinate statutes also entered into force in 2026. The Enforcement Rules of the Trademark Act were partially amended on 3 February 2026 and on 17 June 2026, and the Fee Regulation on 27 February 2026. [6] The statements of reasons for the amendment of these three versions, as published by the Ministry of Government Legislation, do not mention the opposition period, the period for public inspection or the cap on the damages. [6]

The version of the Fee Regulation of 1 January 2025 (Ordinance of the Ministry of Trade, Industry and Energy No. 592, promulgated on 31 December 2024) is outside the scope of this article. Its amending text amended Arts. 7-2, 10 and 13 and attached Tables 4 through 7. [6] Attached Tables 4 through 7 are the tables on exemption, on reduction, on temporary exemption or reduction, and on exemption or reduction in the event of a disaster, of patent fees, registration fees and official fees. [6]

The Trademark Examination Guidelines still state the previous periods. The Trademark Examination Guidelines as of 10 December 2025 (MOIP Established Rule No. 5), Part 6, Chapter 4, 1.1.1 state that an opposition can be filed “within 2 months from the date of publication of the application”. [7] Art. 60(1) as reproduced in the same Chapter also reads “within 2 months”. [7] The period for public inspection in Part 6, Chapter 1, 6.1.4 is also “2 months”. [7] Under the current Trademark Act, the period of Art. 60(1) is within 30 days and the period of Art. 57(3) is 30 days. [5] This article follows the Act.

What applicants and trademark right holders should do

• In general, we suggest that right holders who watch other parties’ applications in Korea set the watch cycle to 30 days. This is because the opposition period is within 30 days from the date of publication of the application.
• Once the decision to oppose is made, we suggest a schedule in which the notice of opposition is filed first within the 30 days, and the grounds and evidence are completed in the 30-day amendment period that follows. The amendment period under Art. 61 was not amended, and it can be extended once by not more than 30 days (Art. 17(1), subparagraph 1).
• We suggest that applicants check at once whether a notice of ex officio amendment arrived together with the certified copy of the decision to publish the application. This is because the period in which a written opinion can be submitted is tied to the period of Art. 57(3).
• When considering damages for infringement, we suggest keeping the materials divided by the date on which each act of infringement occurred. The 5 times cap applies from violations that occur on or after 22 July 2025.
• Where counterfeit goods shipped directly from abroad to consumers in Korea are found, we suggest collecting materials that show the place where the trademark was displayed, the transport route and the arrival in Korea. This is because the wording of the new Art. 2(1), subparagraph 11 (c) states these three points.

Please confirm the periods and claims in an individual case with your agent.

FAQ

How many days is the trademark opposition period in Korea?

It is within 30 days from the date of publication of the application (Trademark Act, Art. 60(1)). [5] An opposition to a trademark application that had already been published as of 22 July 2025 follows the previous provisions (Addenda to Act No. 20697, Art. 4). [1] The previous period is within 2 months from the date of publication of the application. [1] The press release of 23 July 2025 from the Korean Intellectual Property Office stated that the amended Trademark Act applies to trademark applications whose date of publication is on or after 22 July 2025. [9]

Do the 30 days also apply to an application that designates Korea under the Madrid Protocol?

An international application that designates the Republic of Korea is deemed a trademark application under the Trademark Act (Art. 180(1)). [5] Arts. 180 through 208 contain no provision that sets the period of Art. 60(1) differently. [5] Where a transformation under Art. 205 or Art. 206 relates to a registered trademark that was established and registered under Art. 197, Arts. 60 through 67 do not apply (Art. 207, main clause). [5] This does not hold for a case that falls under Art. 54, subparagraph 2 (Art. 207, proviso). [5]

Do the 5 times damages also apply to infringement before 22 July 2025?

Art. 2 of the Addenda provides that the amended provision of Art. 110(7) applies from violations that occur on or after the date on which the Act enters into force. [1] The Addenda contain no transitional measure that deals with violations that occurred before that date. [1]

Did the amendment of 1 October 2025 change any deadline?

No. What Act No. 21065 changed in the Trademark Act is the three terms “Korean Intellectual Property Office”, “Commissioner of the Korean Intellectual Property Office” and “Ordinance of the Ministry of Trade, Industry and Energy”. [3]

Was the Trademark Act amended again after 11 November 2025?

As of 9 October 2026, the newest version of the Trademark Act listed by the Ministry of Government Legislation is Act No. 21134, which entered into force on 11 November 2025. [5] There is no version scheduled to enter into force. [5]

How DEFINE IP Law Firm handles this

When a law is amended, DEFINE IP Law Firm reads the applicability provisions and transitional measures of the Addenda and determines, case by case, which provision applies. At the trademark application stage, we manage the last day of the opposition period on the basis of the date of publication of the application. Where the guidance of the office differs from the Act, we take the wording of the Act as the standard. For questions about trademark opposition and responding to infringement in Korea, please write to contact@defineip.kr.

Sources

1. Trademark Act (상표법) (Act No. 20697), promulgated 2025-01-21, in force 2025-07-22. Amending text, statement of reasons for the amendment (provided by the Ministry of Government Legislation), Arts. 57, 60 and 110, Addenda, Arts. 1 through 4. Arts. 57, 60 and 110 of the immediately preceding version (Act No. 20965, in force 2025-05-27). Version history at https://www.law.go.kr/법령/상표법 (verified 2026-10-09)
2. Trademark Act (상표법) (Act No. 20965), promulgated 2025-05-27, in force 2025-05-27. Amending text, statement of reasons for the amendment (provided by the Ministry of Government Legislation), Art. 2, Addenda. Art. 2 of the immediately preceding version (Act No. 20200, in force 2024-08-07). Version history at https://www.law.go.kr/법령/상표법 (verified 2026-10-09)
3. Trademark Act (상표법) (Act No. 21065, amended by another Act under Art. 7 of the Addenda to the Act partially amending the Government Organization Act (정부조직법)), promulgated 2025-10-01, in force 2025-10-01. Amending text, statement of reasons for the amendment (provided by the Ministry of Government Legislation), Addenda, Arts. 1 and 7. Version history at https://www.law.go.kr/법령/상표법 (verified 2026-10-09)
4. Trademark Act (상표법) (Act No. 21134, amended by another Act under Art. 2 of the Addenda to the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률)), promulgated 2025-11-11, in force 2025-11-11. Amending text, Art. 16. Art. 16 of the immediately preceding version (Act No. 21065). https://www.law.go.kr/법령/상표법 (verified 2026-10-09)
5. Trademark Act (상표법) (Act No. 21134), in force 2025-11-11. Arts. 2, 16, 17, 57, 59, 60, 61, 88, 108, 110, 111, 123, 180, 191 and 207, list of versions by enforcement date. https://www.law.go.kr/법령/상표법 (verified 2026-10-09)
6. Ministry of Intellectual Property (지식재산처), amending texts and lists of versions by enforcement date of the Enforcement Decree of the Trademark Act (상표법 시행령) (amended by another statute under Presidential Decree No. 35809, in force 2025-10-01), the Enforcement Rules of the Trademark Act (상표법 시행규칙) (amended by another statute under Prime Ministerial Decree No. 2054, in force 2025-10-01) and the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) (Ordinance of the Ministry of Trade, Industry and Energy No. 592, in force 2025-01-01); statements of reasons for the amendment (provided by the Ministry of Government Legislation) of the Enforcement Rules of the Trademark Act (Prime Ministerial Decree No. 2091, in force 2026-02-03; Prime Ministerial Decree No. 2120, in force 2026-06-17) and the Regulation on the Collection of Patent Fees, etc. (Prime Ministerial Decree No. 2098, in force 2026-02-27); list of attached Tables of the Regulation on the Collection of Patent Fees, etc. https://www.law.go.kr/법령/상표법시행규칙 (verified 2026-10-09)
7. Ministry of Intellectual Property (지식재산처), Trademark Examination Guidelines (상표심사기준) (MOIP Established Rule No. 5), as of 2025-12-10. Related statutes and 1.1.1 of Part 6, Chapter 4 (examination of oppositions), Part 6, Chapter 1, 6.1.4, Part 3, Chapter 3, 3.2. https://www.law.go.kr/행정규칙/상표심사기준 (verified 2026-10-09)
8. Ministry of Personnel Management (인사혁신처), Regulations on Public Holidays of Government Offices (관공서의 공휴일에 관한 규정) (Presidential Decree No. 33448), in force 2023-05-04, Art. 2 (the version in force in 2025, the year of the dates in the example). Art. 2 of the current version (Presidential Decree No. 36290, in force 2026-05-11). https://www.law.go.kr/법령/관공서의공휴일에관한규정 (verified 2026-10-09)
9. Korean Intellectual Property Office (특허청; now the Ministry of Intellectual Property), press release “Opposition period after publication of a trademark application shortened from 2 months to 30 days” (상표 출원공고 후 이의신청기간 2개월 → 30일로 단축), 2025-07-23. https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20576&sysCd=SCD02&aprchId=BUT0000029 (verified 2026-10-09)