A transfer of a registered trademark right must be recorded to take effect. This guide covers the procedure, required documents and costs.
What is a trademark assignment?
A trademark is an intangible asset that may be assigned to another party. An ordinary assignment of a Korean registered trademark takes effect through registration with the IP office, supported by the required application and documents.
An agreement and payment alone do not complete an ordinary assignment of a Korean registered design right. The transfer must be registered with the IP office.
Obtain an extract from the design register to confirm the current status of the right before proceeding.
<Types of Assignment>
Assignments may cover the whole right, all of a co-owner's share, part of the right or part of a co-owner's share. Consent requirements depend on the transaction.
Category | Content | |
Assignment of the entire right | When all rights are transferred | A → B Trademark assignor: A Trademark assignee: B A·B → C Trademark assignors: A and B Trademark assignee: C A → B · C Trademark assignor: A Trademark assignees: B and C |
Assignment of a co-owner's entire share | When all of the shares held by some of the multiple holders are transferred (One or more co-owners change) | A·B → A·C [A's consent is required] Trademark assignor: B Trademark assignee: C A·B → A [Agreement not required] Trademark assignor: B Trademark assignee: A |
Partial assignment | When some of the rights are transferred | A → A·B Trademark assignor: A Trademark assignee: B A · B → A · B ·C Assignment of part of the jointly held right, rather than only A's or B's individual share Trademark assignors: A and B Trademark assignee: C |
Assignment of part of an ownership share | When transferring part of the shares held by some of the multiple rights holders | A · B → A · B ·C 1) If part of A's ownership share is assigned [B's agreement is required] Trademark assignor: A Trademark assignee: C 2) If part of B's ownership share is assigned is assigned [A's consent is required] Trademark assignor: B Trademark assignee: C |
Separate assignment | Trademark rights A trademark right may be assigned separately for particular designated goods. However, similar designated goods must be transferred together. | A → B Trademark assignor: A Trademark assignee: B |
Division | If there are more than one designated goods of the trademark, the trademark may be divided by the designated goods. | A → A Trademark Transferor: None Trademark assignee: A |
Points to check before a trademark assignment
Category | Content | Example |
1. Confirm the current owner | Confirm the registered owner's identity using the trademark register. |  Example of a trademark register: confirming the current rights holder |
2. Current status of applicable rights | Check that the trademark remains in force and that renewal requirements have been met. The assignor should inform the assignee of the expiration date and renewal deadlines. The assignee should verify these details to avoid unintended loss of the right. |  Example of trademark registration (review of extinction registration) |
3. Other encumbrances and issues | Check for pending disputes and existing licenses before proceeding. |  |
Trademark Rights Transfer Procedures and Required Documents
1. Procedures
- Verify the assignor's right: ownership, legal status and maintenance-fee payments
- Review the agreement: assignment terms, price and required documents
- Prepare the assignment registration application and supporting certificates
- Submit the application form and pay the cost
2. Required
Item | Content | Example |
documentsApplication for assignment registration |
|  Power of attorney example |
Documents that can prove the transfer of rights |
|  Trademark assignment agreement Example of a trademark deed of assignment |
Assignor's seal certificate |
| |
Consent |
|  See also |
Costs of assigning a trademark
Trademark assignment costs include professional fees and official fees. Professional fees vary by firm; IPLEX provides a clear quotation for the proposed work.
Official fees apply to each right. Stamp duty depends on the taxable instrument and the amount stated in it. When several rights are assigned together, check how the documents and applications affect the fees. See the illustration below for details.
IPLEX IP Law Firm
A design assignment can create commercial value, but incomplete documents or registration errors can add time and cost. IPLEX assists with the transfer process and its requirements.
This article reflects the information available when it was published. Contact us to discuss your circumstances.