NO. Question
1 1. I am a foreigner and do not live in Korea. How can I file an trademark application ?
If a person has neither an address nor a place of business in the Republic of Korea, he/she must be represented by an agent who has an address or a place of business in Korea.(ref. Patent Act, Article 5 )
2 2. What documents should I prepare for a trademark application ?
For a trademark application, the following documents should be submitted to KIPO:

a. applicant (including the name of an executive officer, if the applicant is a an application stating the following: the name and address of the juristic person); the trademark; the designated goods and class thereof; the date of submission; and the country and filing date of the priority application, if the right of priority is claimed;
b. specimen of the trademark (7cm x 7cm or smaller in size);
c. if the right of priority is claimed, the priority document; and
d. a power of attorney, if necessary.
Only document (a) must be submitted at the time of filing the trademark application. The name of an executive officer of the applicant may be added later on the applicant's own initiative or in response to a notice of amendment issued from KIPO.

If the applicant fails to submit specimens of the trademark or power of attorney at the time of filing the trademark application, KIPO will issue a notice of amendment requesting the applicant to submit them, designating a time limit therefor. The priority document must be submitted within 3 months from the filing date in the Republic of Korea of the trademark application. This time limit cannot be extended.
3 3. What should I do prior to filing a trademark application?
Before an application is filed, the Gazette for Industrial Property Rights should be researched.
Because, for example, if same or similiar trademark has been filed before a trademark application is filed, a trademark can not be granted.
4 4. Some third party would be willing to transfer the ownership of the trademark of mine probably to a company, without my content. I am opposed to any such transfer of my trademark. Considering the circumstances, let me know how to cope with this problem.
The Korean Intellectual Property Office(KIPO) can not accept a request for recordation of the change in trademark owner without the original owner's consent under our Trademark Law.

For an owner to transfer a trademark right to a new owner, one of them must submit a document in Korean language which shows the basis of the change in ownership with signatures of each party. In addition, this procedure must be overseen by a Korean patent attorney in case both parties are not domiciled or have their place of business in Korea under our Trademark Law and related regulations.

Can I check online if a trademark is registered?

You can search registered trademarks in KIPRIS website
(www.kipris.or.kr). However I would like to let you know that this site is in Korean.

We provide willingly a free trademark search service(without logo) over the 1,580,000 registered trademark in Korea Patent Office. Please fill up just the following simple form and send it by clicking send button. With this free search service, you can know whether the pended trademark will be registered, or not in the process of examination of Korea Patent Office.
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