Korea is a first-to-file trademark jurisdiction. The party that files first wins the registration — regardless of who used the mark first, regardless of who built the brand. If your brand is not registered in Korea, someone else can register it. And then enforce it against you.
Why “First-to-File” Matters More Than You Think
Trademark squatting is a documented, recurring problem. A Korean entity anticipates a foreign brand’s market entry, files the name first, then either blocks entry or demands a buyout. This has affected international entertainment brands, consumer goods companies, and technology firms alike.
For K-content brands — where a drama title, artist name, or webtoon series can generate significant commercial value rapidly — the window between public awareness and registration is a period of real exposure.
What Can Be Registered as a Trademark in Korea
Korea’s Trademark Act protects any sign capable of distinguishing goods or services, including:
- Word marks — brand names in Korean (Hangul), English, or other scripts
- Device marks — logos and graphic elements
- Combined marks — text plus device
- Non-traditional marks — 3D, color, sound, motion
Filing in the Right Classes
Korean applications designate goods and services by Nice Classification. Under-filing is a common strategic error. Content businesses typically need:
| Class | Covers | Relevant for |
| Class 9 | Digital content, apps | OTT platforms, streaming apps |
| Class 16 | Printed publications, comics | Webtoon print editions |
| Class 25 | Clothing | Character merchandise |
| Class 35 | Advertising, management | MCN, talent management |
| Class 38 | Streaming, broadcasting | OTT, broadcast services |
| Class 41 | Entertainment, cultural activities | Content production |
| Class 42 | Technology, platform services | Content tech, SaaS |
A webtoon brand registered only in Class 41 may find its merchandise line entirely unprotected.
The Registration Process
- File with KIPO — foreign applicants must use a registered Korean patent attorney
- Substantive examination — typically 10 to 14 months
- Publication → 2-month opposition window
- Registration → 10-year term, renewable indefinitely
What Registration Gives You
- Civil injunctions and damages against infringers
- Criminal prosecution — up to 7 years imprisonment or KRW 100 million fine
- Customs recordal to block infringing imports
- Platform takedown rights on Coupang, Naver Smart Store, and other Korean e-commerce platforms
Special Considerations for Content Brands
Artist Names and Stage Names
Stage names are registerable as trademarks in Korea when used in connection with entertainment services. Management agencies frequently register artists’ names to maintain commercial control. Where talent agreements are silent on this, disputes after contract termination can be severe.
Show Titles and Character Names
Drama titles, webtoon series names, and character names can be registered in relevant classes — important for any IP generating merchandise, licensing, or sequels.
In Korea, if you are not registered, you are not protected. For any content brand with a Korean market strategy, trademark registration is a foundational step — not an afterthought.
Han, Sanghoon | Korean Attorney & Patent Attorney
Author, Media Content Law for Creators (Parkyoungsa, 2026)
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