Chinese characters are part of the Korean writing tradition — Koreans call them Hanja. That makes Korea different from most markets for brands written in Chinese characters: Korean examiners and consumers do not see your characters only as a design. They can read them, pronounce them in Korean, and understand their meaning.
This has consequences for how your mark is examined and how you should file it.
How Korea assesses a Chinese-character mark
When comparing trademarks, Korean examiners look at appearance, pronunciation and meaning. For a Chinese-character mark, all three matter:
- Korean pronunciation. Hanja have Korean readings that differ from Mandarin, Cantonese or Japanese. Your mark may be compared with earlier Korean marks — including marks written in Hangul — that sound the same as the Korean reading of your characters.
- Meaning. If the characters form a word that Koreans understand, the meaning is considered in the comparison — and a mark with a descriptive meaning (for example, characters meaning "beauty" for cosmetics) may be refused as descriptive.
- Recognizability of the script. Korean readers are most familiar with traditional characters. How readily a mark in simplified characters (or Japanese shinjitai) is read and understood can vary, which affects how its pronunciation and meaning are assessed.
The result: a mark that is clearly distinctive in China, Taiwan or Japan may face a different conflict landscape in Korea — and, conversely, a conflict you expected may not arise.
How Korean consumers will refer to your brand
Korean consumers rarely say a brand name in Mandarin or Japanese. They usually use either the Korean reading of the characters or a Hangul transliteration of your romanized name. If your Korean registration covers only the characters, the name Korean customers actually use may be left unprotected — and open to squatters.
How to file
- Register the Chinese-character mark as you use it, if you use it in Korea.
- Register your Latin-script (romanized) brand if that is what appears on your packaging and website.
- Consider registering the Hangul version — the Korean reading or transliteration that Korean consumers and marketplaces will use. File it separately so each version is protected on its own.
- Check conflicts in all forms before filing: the characters, their Korean reading, and the Hangul spelling.
How we help
We review how your Chinese-character brand will be read in Korea, search for conflicts in Hanja, Hangul and Latin script, and recommend which versions to file. Email help@dusonlaw.com with your mark and the goods you sell.
This guide is general information, not legal advice.