South Korea is a first-to-file country. As a rule, the trademark right belongs to whoever files first with the Ministry of Intellectual Property (MOIP), not to whoever used the brand first elsewhere. Foreign brands that become popular in Korea before filing — through online sales, distributors or social media — are regularly targeted by local "trademark squatters" who file the brand in their own name.
The good news: Korean law has several tools against bad-faith filings, and which one you use depends on how far the squatter's application has progressed. Whichever tool you use, one question usually decides the case: can you prove bad faith?
The key: proving bad faith
Bad faith is a state of mind — it exists only in the filer's head, and squatters rarely admit it. So MOIP and the Intellectual Property Trial and Appeal Board infer it from the overall circumstances. The factors that carry the most weight are:
- How distinctive your mark is. If your brand is a coined or invented word (or an unusual combination of words) with no meaning in Korean or English, it is very hard for anyone to have chosen it independently. An identical filing of a coined term is strong evidence of copying. A common dictionary word is much weaker evidence on its own.
- Whether your logo was copied. A squatter who files not only your name but also your logo, stylization or device has almost certainly copied it — nobody arrives at the same design by coincidence.
- How well known your brand is. Evidence of your reputation in Korea or abroad — sales, advertising, media coverage, social media following, Korean online marketplace listings, trade fair participation — shows the filer likely knew your brand.
- How similar the marks and goods are. The closer the copied mark and the designated goods are to yours, the stronger the inference.
- The relationship and the filer's conduct. A prior business relationship (distributor, agent, partner, employee), contact before filing, an offer to sell the mark back to you, or a pattern of filing many foreign brands all point to bad faith.
No single factor is decisive; the authorities weigh them together. The more of these you can document, the stronger your case — so start collecting evidence (dated screenshots, invoices, press articles, correspondence) as soon as you discover the filing.
1. The squatter's application is still under examination
If you find the application before it is examined, you can submit information (third-party observations) to MOIP explaining why the mark should not be registered — for example, that it copies your well-known brand or was filed by your former distributor. This is free of official fees, simple, and the examiner can rely on it to refuse the application.
2. The application has been published
After examination, MOIP publishes the application for opposition. Anyone may file an opposition within 2 months from the publication date. An opposition is usually faster and cheaper than an invalidation action and is the best moment to act.
3. The mark is already registered
You can file an invalidation action with the Intellectual Property Trial and Appeal Board. Grounds commonly used against squatters include:
- Bad faith / unfair purpose — the mark copies a mark recognized in Korea or abroad as indicating a specific source, and was filed for an unfair purpose (for example, to block your entry into Korea or to sell the mark back to you).
- Relationship-based filings — the filer learned of your mark through a contract, business dealing or other relationship with you (a distributor, agent, licensee, partner or employee).
- Agent or representative filings — your agent or representative filed your mark without your consent.
For each of these grounds, success depends on the bad-faith evidence described above.
4. The squatter is not using the mark
If the registered mark has not been used in Korea for 3 consecutive years or more, you can file a non-use cancellation action. The burden is on the registrant to prove use. This is often the most practical route against squatters who hold marks only to resell them.
5. Should I file my own application anyway?
Usually yes. Filing your own application early secures your position if the squatter's mark is refused, opposed, invalidated or cancelled — and it is what you will ultimately need to enforce your brand in Korea. Your application may be suspended or refused while the squatter's mark stands, so the strategy is typically to file and attack in parallel.
How to prevent it
- File in Korea before you launch — before you sell online to Korean customers, sign a Korean distributor, or exhibit at trade fairs.
- Register the marks you actually use in Korea, including the Hangul (Korean-character) version of the brand if Korean consumers will call it by its Korean pronunciation.
- Put trademark ownership clauses in distributor and agency contracts.
- Monitor new filings in your key classes.
Need help?
We regularly act for foreign brand owners against squatters in Korea — from third-party observations and oppositions to invalidation and non-use cancellation actions. Email help@dusonlaw.com with your brand, the squatter's application or registration number if you have it, and a short background.
This guide is general information, not legal advice. Every case depends on its facts.