A short history
Makers' marks are ancient, and medieval guilds required them to trace bad goods. Modern registration began with the UK Trade Marks Registration Act 1875; the first mark registered, in January 1876, was Bass beer's red triangle. The 1883 Paris Convention set up cross-border priority. Korea adopted its Trademark Act in 1949 and joined the Madrid Protocol in 2003.
Why the law protects marks
Landes and Posner (1987) showed marks cut consumers' search costs and reward consistent quality, so the law protects source identification, not ideas. Schechter (1927) argued famous marks can be harmed by dilution even without confusion; Lemley (1999) warned that ever-broader rights chill competition and speech. See also brand equity.
Trademark vs patent vs copyright
Trademarks can last indefinitely with renewals every 10 years; patents last 20 years from filing; copyright arises automatically and in Korea lasts 70 years after the author's death.
Filing, refusals and genericide
Search KIPRIS, file with the goods and services classes, pass examination for distinctiveness and conflicts, survive opposition, then pay the registration fee. Descriptive terms are refused, and three years of non-use invites cancellation. Brands that become the everyday word, like aspirin or escalator, can lose protection, so owners pair the brand with a generic noun.
FAQ
- Can I use a shop name without registering it?
- Yes, but a later registrant could stop you, since Korea favors the first filer.
- How long does protection last?
- Ten years from registration, renewable indefinitely, as long as the mark is used.
Sources reviewed: 2026-11-02
References
- 국가법령정보센터. (n.d.). 상표법. Full text of Korea's Trademark Act.
- World Intellectual Property Organization. (n.d.). Trademarks. WIPO's primer on what trademarks are and do.
- World Intellectual Property Organization. (n.d.). Madrid System: The international trademark system. How one application can cover many countries.
- World Intellectual Property Organization. (n.d.). Paris Convention for the Protection of Industrial Property. The 1883 treaty that created priority rights.
- Landes, W. M., & Posner, R. A. (1987). Trademark law: An economic perspective. The Journal of Law and Economics, 30(2), 265–309. Trademarks lower consumers' search costs.
- Schechter, F. I. (1927). The rational basis of trademark protection. Harvard Law Review, 40(6), 813–833. The origin of the dilution theory.
- Lemley, M. A. (1999). The modern Lanham Act and the death of common sense. The Yale Law Journal, 108(7), 1687–1715. Critiques the over-expansion of trademark rights.