Executive Summary
With the revisions to the Korean Trademark Act in 2025, changes were applied to several policies.
One of the most notable changes is the shortening of the appeal period. Under the original Korean Trademark Act, the appeal period was two months from the date of publication of a trademark application. However, under the amended law, this period has been shortened to 30 days from the publication date. This revision aims to expedite the trademark registration process, particularly important given current delays in trademark examinations, so that applicants can secure their rights more quickly. The amended provision will take effect on July 22, 2025, and will apply to trademark applications published on or after the effective date.
As a result, foreign rights holders now face a higher risk of missing the opportunity to file an appeal against domestic copycat trademarks. Therefore, it has become increasingly important to monitor similar trademark applications from the filing stage or actively utilize the information submission system.
Other changes made due to the recent revisions to the trademark law are shown below.
* Expansion Limitation of Punitive Damages
The punitive damages limitation for trademark and design right infringement has been raised from three times the actual damages to five times the actual damages. This measure is intended to strengthen liability for willful infringement, inhibit such unlawful acts, and enhance protection for rights holders. (Effective date: July 22, 2025)
* Restriction on Imports of Counterfeit Consumer Goods for Non-Profit Purposes
A legal basis has been established to consider even non-profit imports as trademark infringement if they involve counterfeit consumer goods because a behavior of “using a trademark by having it affixed to goods or their packaging overseas and supplying them into Korea through a third party, such as a carrier,” is included as an act of “trademark use.” As a result, counterfeit consumer goods entering Korea through direct purchases by consumers, such as overseas online shopping including cross-border direct purchases, are now subject to enforcement as trademark infringement. (Effective date: May 27, 2025)