There are two ways for a foreign company to protect a trademark in South Korea:
1. Designate Korea in an international application under the Madrid Protocol (filed through your home trademark office and WIPO), or 2. File a national application directly with the Ministry of Intellectual Property (MOIP) through a Korean patent attorney.
Both lead to the same protection once registered. But for most brands that care about the Korean market, filing directly in Korea is the better choice. Here is why.
Advantages of filing directly in Korea
1. Goods descriptions drafted for Korean practice — fewer office actions. MOIP requires specific goods and services, and unclear or overly broad descriptions are the most common reason for office actions in Korea. Wording accepted by your home office or WIPO is frequently objected to here. In a direct filing, the description is prepared for Korean practice from day one, so many objections never arise.
2. Independent of your home-country mark. For the first 5 years, an international registration depends on your basic application or registration at home. If the basic mark is refused, limited or cancelled in that period, the Korean designation falls with it ("central attack"). A Korean national registration stands on its own.
3. A Korean registration certificate. A direct filing gives you a Korean registration certificate, which Korean online marketplaces, customs, distributors and business partners readily recognize when you enforce your rights.
4. Faster communication and more control. You deal directly with your Korean attorney and MOIP, rather than through your home office and WIPO. Notices reach you faster, and responses are prepared by someone who handles Korean examination every day.
5. A predictable total cost. A Madrid designation can look cheaper at filing because there are no local attorney fees. But when MOIP issues a provisional refusal — common for broad descriptions — you must appoint a Korean attorney to respond anyway. The total cost and timeline then often end up similar to, or higher than, a direct filing. With us, a direct single-class filing is USD 382 including official fees, and USD 742.12 in total if the mark proceeds to registration without an office action. See our fixed fees.
When Madrid can still make sense
Madrid can be convenient if you are protecting the same mark in many countries at once and Korea is a minor market for you. Even then, have the Korean goods description checked before filing. If you already have a Madrid designation that received a Korean refusal, we can respond to it.
Our recommendation
If Korea matters to your business, file directly in Korea — ideally before you launch there.
Need help?
Email help@dusonlaw.com with your mark and your goods/services. We can usually file within 2–3 business days of receiving the signed Power of Attorney and payment.
This guide is general information, not legal advice.