Under the Trade Mark Law, a mark means a sign in the form of a picture, name, word, letters, figures, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services.

The right of a mark provides a monopoly to the owner of the mark to use the mark or to grant permission to another party to use it.

Under the law, well-known marks are protected by refusing the application of a mark which is similar in its essential part or in its entirety with a well-known mark by an illegitimate owner.

Type of Applications

1. Trade mark application, and
2. Service mark application.

Requirements for Registration

In order to meet the requirements for registration, the mark must meet the followings:

1. The mark is not contrary with the prevailing rules and regulation, morality of religion, or public order,
2. The mark must have distinguishing features,
3. The mark is not a public property,
4. The mark must have no direct reference to the character or quality of the goods or services,
5. The mark is not a geographical name,
6. The mark must not constitute or resemble with the name of a famous person, photograph, or the name of a legal entity belonging to another party, except with a written consent of the entitled party,
7. The mark must not constitute an imitation or resemble with a name of abbreviation of a name, flag or coat of arms or a symbol, or an emblem of a state, or of a national or international institution, except with a written consent of the competent authority,
8. The mark must not constitute an imitation or resemble with an official sign or seal stamp used by a state or a government institution, except with a written consent of the competent authority, and
9. The mark must have no similarity in its essential part in its entirely with a well-known mark owned by another party for the same kind of goods and/or services.

Term of Protection

The term of protection for a registered mark is 10 years as of the filing date. The term can be extended for the same duration within a period of not more than 12 months before the expiry of the protection period.

Procedure of Registration

An application which has been fulfilled the formality requirements will proceed to the step of substantial examination. The substantial examination will be finished in the period of 9 months at the latest. In this period, the Registrar will decide whether the mark is registered or not. If the mark can be registered, the mark will be published within the period of 3 months. In the period of publication, any party may file an objection against the registration of the mark. If there is an objection, the Registrar will re-examine the mark within the period of two months as of the date of expiry of publication. If there is no objection, the Registrar will register the mark and grant a Mark Certificate to the applicant within a period of 30 days at the latest from the date of the expiry of the publication.

If a mark is refused by the Registrar, an appeal to the Registrar's decision can be filed after the decision has been issued.

The detail procedure of registration of a mark can be found in Trade mark flow chart.

Priority Rights

An applicant of a trade mark registration can claim the priority rights within a period of 6 months at the latest as of the first filing date of the application in another country, which is a member of the Paris Convention for the protection of Industrial Property or a member of the World Trade Organization.

Documents Required to File an Application

1. Power of Attorney (no authorization required; find it in Request form application),
2. Statement of Mark Owner (no authorization required; find it in Request form application),
3. 30 prints of the mark In max size: 9x9 cm, and
4. Certified copy of Priority Document if the application claims priority rights).