For many years, a coexistence agreement between two companies did not help in Korea. Even if the owner of an earlier, similar mark agreed in writing that your mark could coexist, the examiner still had to refuse your application. Foreign companies that had settled coexistence worldwide were often surprised to find that Korea was the one country where the agreement did not work.
That changed in 2024, when Korea introduced a trademark consent system (sometimes called the coexistence consent system).
What changed
If your application is refused because of an earlier similar registration or application, you can now overcome the objection by submitting the written consent of the owner of that earlier mark. With the consent, MOIP can register your mark even though the two marks are similar.
What consent cannot do
- Identical marks for identical goods are still refused. Consent does not allow a mark that is the same as the earlier mark and covers the same goods or services. If the marks or the goods differ, consent can work.
- Consent covers only the conflict with that owner's mark. Other grounds for refusal — for example, descriptiveness or an unclear goods description — still have to be overcome separately.
- Misuse can be challenged. If a mark registered with consent is later used for the purpose of unfair competition so as to cause confusion with the other party's goods, the registration can be challenged by a cancellation action.
How foreign companies can use it
1. You already have a worldwide coexistence agreement. Check whether it covers Korea and whether it includes an obligation to sign consent documents for national offices. If it does, ask the other party for a Korea-specific consent letter. A general agreement may not be enough on its own — MOIP needs a clear consent from the owner of the cited Korean mark.
2. You receive an office action citing an earlier similar mark. Instead of only arguing that the marks are not similar, you can approach the owner of the cited mark and ask for consent — often in exchange for a coexistence agreement that defines how each party will use its mark. This is especially useful when the two businesses do not actually compete.
3. You are negotiating a new coexistence agreement. Add a clause that obliges each party to provide, on request, signed consent letters in the form required by national offices, including Korea's MOIP. It costs nothing at signing and can save months later.
Practical points
- The consent letter must come from the current owner of the earlier mark as shown in the Korean register. If the mark has been assigned, the consent must come from the new owner.
- Submit the consent while the application is still pending — typically in response to the office action.
- Keep the coexistence agreement itself for your records; the agreement and the consent letter do not have to be the same document.
How we help
We can review whether consent will overcome a citation in your Korean application, prepare a consent letter in a form suitable for MOIP, and contact the owner of the earlier mark for you. Email help@dusonlaw.com with your application number or the cited mark.
This guide is general information, not legal advice.