Q. Will the copies of the notice of publication/printout of the trademark search system regarding the foreign basic trademark application or copies of the foreign basic trademark application itself be sufficient as a priority document for the Korean national trademark application in South Korea?

A. No, those, the copies of the notice of publication/printout of the trademark search system regarding the foreign basic trademark application or copies of the foreign basic trademark application itself, are listed as an example of unacceptable document as a priority document in the Trademark Examination Standards of the Korean Intellectual Property Office (KIPO). It is because the Korean Trademark Law requires the applicant to submit a certified copy of the priority document stating the filing date of an application, a trademark, and the designated goods/services recognized by the government with which the first basic trademark application is filed.

Article 46 (Claim of Priority under Treaty)(4) Any person who claims priority pursuant to paragraph (3) shall submit a document stating the filing date of an application for trademark registration recognized by the government of a State party with which he or she filed the first application for trademark registration, a trademark and a certified copy of designated goods, to the Commissioner of the Korean Intellectual Property Office within three months after the filing date of an application for trademark registration.

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