Legal basis:
– Trademark Act.
1. Definition of trademark
The term “trademark” means a mark used to distinguish goods or services of one business from those of others. The term “collective mark” means a mark intended to be used directly by a corporation jointly incorporated by persons who produce, manufacture, process, or sell goods, or who provide services, or intended to be used by its members.
2. Can a foreign person hold trademark rights in Korea?
Any foreigners residing or having the place of business in Korea can hold trademark rights and the rights related to trademarks. No non-resident foreigner shall be entitled to enjoy trademark rights or the rights relating to the trademark, except in the following cases:
– Where a state to which such foreigner is a citizen recognizes trademark rights or the rights relating to the trademark owned by a citizen of Korea on the same conditions as those of its citizen;
– Where a state to which such foreigner belongs recognizes trademark rights or the rights relating to the trademark owned by a citizen of Korea on the same conditions as those of its citizen, when Korea recognizes trademark rights or the rights relating to the trademark owned by such foreigner;
– Where trademark rights or the rights relating to the trademark is recognized in accordance with a treaty.
Where a foreigner not domiciled or not having the place of business in Korea resides in Korea, the foreigner may follow trademark-related procedures or bring a lawsuit against dispositions made by an administrative authority only through a person who is domiciled or has the place of business in Korea as an agent managing the trademark of the non-resident.
