When an earlier mark blocks your Korean application, the first question we ask is: is that mark actually being used in Korea? Surprisingly often, the answer is no.
Why Korea has so many unused registrations
Korea does not require proof of use when a trademark is filed or registered, and use is not checked during examination. Companies register marks they never launch, plans change, businesses close — and the registrations stay on the register for years. Some owners file marks only to hold or resell them.
These unused marks still block later applications. Non-use cancellation is the tool for removing them.
How non-use cancellation works
- Ground: the registered mark has not been used in Korea for 3 consecutive years or more for the designated goods or services, by the owner or a licensee.
- Who can file: any person can file the action with the Intellectual Property Trial and Appeal Board.
- Burden of proof: once the action is filed, it is the registered owner who must prove use in Korea during the relevant period. You do not have to prove a negative.
- Scope: cancellation can be requested for all or some of the designated goods — typically the goods that conflict with your application.
What counts as use
Use must be genuine use in Korea for the registered goods: products sold or offered to Korean customers under the mark, advertising directed at Korea, and similar. Token use, use of a significantly different mark, or use only outside Korea generally does not save the registration.
How often it succeeds
From our experience handling hundreds of non-use cancellation actions, we estimate the success rate at around 70–80%. Many owners do not respond at all; others cannot produce evidence of real use in Korea.
Before filing, we investigate the earlier mark's use — online stores, Korean marketplaces, websites, company records — so that you can decide with a realistic view of the chances.
Why it matters for your application
If your important application is blocked by an earlier mark, a non-use cancellation can remove the obstacle completely, rather than forcing you to give up goods or rebrand. It also strengthens your hand in negotiations: an owner facing cancellation is often more willing to assign the mark or agree to coexistence.
Our recommendation
If an important application receives an office action citing an earlier mark, consider non-use cancellation. Check whether the earlier mark is being used in Korea; if it has not been used for 3 years, a cancellation action is often the most effective way to secure the mark you actually want.
See also: Office action citing an earlier mark in Korea: your options.
How we help
We investigate use, file and conduct non-use cancellation actions, and coordinate them with your pending application. Email help@dusonlaw.com with the earlier mark's registration number or your office action.
This guide is general information, not legal advice.