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Trademark Opposition and Non-Use Cancellation in South Korea

Pine IP Firm
September 28, 2026

A trademark opposition concerns a pending application during publication. A non-use cancellation trial concerns a registration that has not been used in Korea for the statutory period. The available procedure therefore depends first on whether the target mark is pending or registered.

Judge and gavel representing Korean trademark opposition proceedings

Opposition during publication

For applications published on or after July 22, 2025, any person may file an opposition within 30 days from the publication date. The 30-day filing period cannot be extended.

The opposition must identify the grounds for refusal. Under Article 61 of the Trademark Act, the opponent may supplement the grounds and evidence within 30 days after the opposition period ends. The applicable administrative rule permits one extension of that supplemental period for up to 30 days. This extension does not extend the initial opposition deadline.

Grounds and evidence

Opposition grounds may include conflict with an earlier application or registration, lack of distinctiveness, descriptiveness, likelihood of confusion, deception as to quality or origin, infringement of protected names or indications, and bad-faith imitation of a mark known in Korea or abroad. A filing made by a distributor, employee or business partner may also be challenged when the facts support a statutory refusal ground.

The evidence should address the selected ground. Relevant material may include registration records, sales and advertising data, press coverage, Korean websites and platform listings, distribution agreements, communications with the applicant, and records showing the applicant's knowledge of the earlier mark.

The short opposition period makes publication monitoring important. A foreign company may file an opposition, but a party without an address in Korea must act through a Korean representative.

Opposition procedure

MOIP notifies the applicant of the opposition and allows a response. A panel of examiners then decides whether the application should be refused or proceed. A successful opposition results in refusal on the accepted ground. If the opposition is dismissed, the application continues toward registration.

The applicant may appeal a refusal. An opponent that does not prevail may seek an invalidation trial after registration if a statutory invalidation ground remains available.

Non-use cancellation

Under Article 119 of the Trademark Act, a registration may be cancelled for designated goods if neither the owner nor an exclusive or non-exclusive licensee has used the registered mark on those goods in Korea for three consecutive years before the petition, without a justifiable reason.

Any person may petition for non-use cancellation. The registrant must prove qualifying use or a justifiable reason for non-use. A petition may be limited to selected designated goods rather than the entire registration.

When a non-use cancellation decision becomes final, the right for the cancelled goods is deemed extinguished on the date the petition was filed. This date can affect a later application that is blocked by the registration.

Evidence of use

The evidence must connect the mark, the challenged goods or services, the user and commercial activity in Korea during the relevant three-year period. Examples include:

  • Korean invoices, purchase orders, tax records and customs records;
  • product packaging, labels and dated photographs;
  • Korean advertisements, catalogues and webpages;
  • app-store or e-commerce records directed to Korean users;
  • shipping and distribution records; and
  • license agreements together with records of actual use by the licensee.

Use arranged solely to maintain a registration may be disputed. The mark shown in the evidence must also correspond sufficiently to the registered mark. A materially different logo, pronunciation or commercial impression may not establish use of the registered mark.

Selection of procedure

Opposition applies while the target remains within the 30-day publication period. Invalidation applies after registration when the registration should not have been granted, including cases based on an earlier right or bad faith. Non-use cancellation applies when the registration has become vulnerable through three consecutive years of qualifying non-use.

More than one proceeding may be relevant. For example, an applicant may file non-use cancellation against a cited registration while responding separately to an Office Action. The selected proceeding and challenged goods should match the application's filing and launch schedule.

Use records maintained by registrants

A registrant should retain Korean invoices, dated product photographs, Korean marketing materials, distribution records and license documents by year and product. If the commercial form of a mark changes materially, a new application may be required.

License documents should identify the owner, territory, marks and quality-control terms. Use by an affiliate or licensee is easier to establish when the relationship and the transactions are documented.

Official references

Related South Korea IP guidance

This article provides general information and does not replace advice on a specific opposition or cancellation deadline.

Legal and editorial review: July 16, 2026. Korea's current IP authority is the Ministry of Intellectual Property (MOIP), formerly KIPO.