Trademark Assignment & Transfer in South Korea
Change of Ownership, Done Properly
Selling a business, restructuring, or transferring a brand to a related entity all require the trademark ownership record with KIPO to be updated. Crucially, under Korean law an assignment only takes legal effect once it's recorded — our team at Brealant prepares the documentation and handles that recordal for you.
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Essential Guide to Trademarks in South Korea
Protecting Your Ownership with Brealant's Expertise
Legal Definition of Trademark Assignment
Assignment, under the Trademark Act of Korea, is the legal transfer of ownership of a trademark right from one party to another.
Purpose and Function of Assignment
It allows businesses to buy, sell, restructure, or license brands, with the register updated so the new owner is legally recognised by KIPO.
Protecting the Transaction
Unlike some jurisdictions, an assignment in South Korea has no legal effect until it is recorded on the KIPO register — recordal isn't just good practice here, it's what makes the transfer real.
A Hassle-Free Registration Journey with Brealant
Contact
Tell Brealant about the trademark(s), the parties, and the nature of the transfer.
Search
We confirm the current registration details and ownership status on the KIPRIS register.
Quote
Receive a fixed-fee quote based on the number of marks involved.
Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed and files the recordal request with KIPO.
Wait
KIPO processes the recordal and updates the register.
Response
You receive confirmation once the new ownership is reflected on the register — the point at which the transfer becomes legally effective.
Clear, Simple Steps to Record Your Assignment
In South Korea, an assignment isn't complete on signature alone. Under the Trademark Act of Korea, the transfer of a registered trademark right takes legal effect only once it is recorded with KIPO — so a signed deed followed promptly by a recordal filing is the clearest way to make the change of ownership genuinely effective, not just documented.
Safeguarding Your Ownership in South Korea — With Brealant by Your Side
Because recordal is what makes an assignment legally effective in Korea, an unrecorded deal leaves ownership unresolved in the eyes of KIPO — which can complicate enforcement, licensing, or a later sale. Brealant makes sure recordal happens promptly, so your rights are genuinely, not just contractually, transferred.
Limitations
What Assignment Recordal Does Not Do
Recordal is essential in Korea, but it has limits
Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Not Effective Until Recorded
Because the transfer itself only takes legal effect on recordal, any delay in filing leaves ownership legally unresolved — this is stricter than in many other jurisdictions.
Doesn't Renew the Mark
Assignment and renewal are separate processes — a transferred mark still needs to be renewed on schedule.
Doesn't Change the Mark
You can't use an assignment to alter the mark itself or its goods/services.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.
Brealant flags any of these issues during the assignment process so nothing is missed.
What a Trademark Assignment Protects
A properly recorded assignment protects
The New Owner's Rights
Clear, legally effective ownership recognised by KIPO — not merely a private agreement between the parties.
Enforcement Ability
The new owner's standing to take infringement or opposition action based on the mark.
Deal Certainty
The commercial transaction — sale, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the mark as security without ownership disputes.
Brealant makes sure every assignment is properly documented and promptly recorded so these protections are secured.
Timeline for Trademark Assignment in South Korea
The assignment process typically follows these stages
Instruction
You confirm the marks, parties, and transaction details with Brealant.
Drafting
We prepare or review the deed of assignment.
Execution
The assignor and assignee sign the documentation.
Recordal
We file the recordal request, and KIPO updates the register, making the transfer legally effective.
Once signed documentation is filed, KIPO typically records the change of ownership within a few weeks.
Understanding Assignment Costs in South Korea — Simplified with Brealant
Assignment costs are modest relative to the transaction they support
Official Filing Fees
KIPO charges a modest official fee per mark to record an assignment.
Professional fees
Brealant's professional fee covers preparing the deed and managing the recordal, quoted as a fixed amount based on the number of marks.
These costs are a small part of protecting the value of the brand asset being transferred.
Continued Support After Your Assignment in South Korea — Supported by Brealant
Once the assignment is recorded, Brealant can take over ongoing renewal tracking, monitoring, and enforcement for the new owner, so the transition is seamless from a brand-protection standpoint.
Frequently Asked Questions
Can part of a trademark portfolio be assigned separately?
Yes, individual marks or a subset of a portfolio can be assigned while retaining others.
Is recording an assignment with KIPO mandatory?
Yes. Unlike some jurisdictions, an assignment of a registered trademark in South Korea only takes legal effect once it is recorded with KIPO — an unrecorded deal has no effect on ownership under the Trademark Act.
Does an assignment need to be in writing?
Yes, KIPO requires documentary evidence of the transfer, typically a signed deed, to record the change of ownership.
Can Brealant assist with cross-border assignments involving South Korea?
Yes, we regularly coordinate South Korean recordals alongside assignments in other jurisdictions where a brand is also protected.
What documents are needed to record an assignment?
Typically a signed deed of assignment, details of both parties, and the registration numbers of the marks involved.
What's the difference between assigning a trademark and licensing it?
An assignment transfers ownership of the mark outright, while a license only permits another party to use it under agreed terms — ownership stays with the original registrant.
How long does it take KIPO to record an assignment?
Recordal timing varies with KIPO's workload and whether the submitted documents are complete, but it is generally a straightforward administrative process once the deed and details are in order.
Can a pending trademark application be assigned before it's registered?
Yes, an application can be assigned before registration, though the assignment should still be recorded with KIPO once the change of applicant is processed.
Do assignment documents need to be notarized or legalized for use in Korea?
Requirements vary by case, but KIPO's recordal process is generally less demanding on notarization or legalization than some other jurisdictions — we confirm exactly what's needed for your situation.
Can a license agreement also be recorded with KIPO?
Yes, exclusive and non-exclusive licenses can be recorded with KIPO, which strengthens the licensee's position and puts third parties on notice of the arrangement.
Can part of a trademark portfolio be assigned separately?
Yes, individual marks or a subset of a portfolio can be assigned while retaining others.
Does an assignment need to be in writing?
Yes, the Markenschutzgesetz requires the transfer to be in writing for it to be recorded on the register.
Blogs and Resources
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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