 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KOR/T/2 
29 April 2004 
 (04-1912) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Trademark Law as amended by Law 
No. 6414 of 3 February 2001 (entered into force on 1 July 2001), notified by Korea under Article 63.2 
of the Agreement in a communication from its Delegation dated 5 November 2001.   
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte1 de la Loi sur les marques de fabrique ou de commerce, 
modifiée par la Loi n° 6414 du 3 fé vrier 2001 (entrée en vigueur le 1er juillet 2001), qui a été notifiée 
par la Corée au titre de l'article 63:2 de l'Accord  dans une communication de sa délégation datée du 
5 novembre 2001.   
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio, modificada por la Ley Nº 6414 de 3 de febr ero de 2001 (que entró en vigor el 1º de julio 
de 2001), que Corea notificó en virtud del párrafo 2 del artículo 63 del Acuerdo en una comunicación 
de su Delegación de fecha 5 de noviembre de 2001. 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/KOR/T/2 
Page 2  
 
  Trademark Law 
 
CHAPTER I   
GENERAL PROVISIONS    
   
Article 1 【Purpose】   
   
The purpose of this Law shall be to ensure the maintenance of the business reputation of persons 
using trademarks by protecting trad emarks so as to contribute to th e development of industry and to 
protect the interests of consumers.   
   
Article 2【Definitions 】   
   
(1) The definitions of terms used in this Law shall be as follows:   
  (i) "trademark" is defined as any of the following( hereinafter referred to as a "mark") which is used 
on goods related to the business of a person w ho carries on business activities, such as producing, 
processing, certifying or selling such goods, for the purpose of distinguishing them from the goods of others;    
     (a) A sign, a character, a figure, a three-dimensional shape or any combination thereof;   
     (b) Any combination of color with any of th e items of subparagraph(a) of this paragraph.   
  (ii) "service mark" means a mark which is used  by a person who carries on a service business for the 
purpose of distinguishing such business from those of others;   
  (iii) "collective mark" means a mark intended to  be used with respect to the goods or services of 
members of a legal entity founded by and compos ed of persons who are in the same line of 
business and who are closely associated therein and who are controlled by the legal entity;   
  (iv) "business emblem" means a mark which is used by a person who carries on a nonprofit business 
for the purpose of indicating his business;   
  (v) "registered trademark " means a trademark for which a trademark registration has been granted;   
  (vi) "use of a trademark" mean s any of the following acts:   
        (a) applying trademarks on goods or their packaging;    IP/N/1/KOR/T/2 
 Page 3 
 
 
         (b) selling or delivering goods or their packaging on which trademarks have been applied or 
displaying, exporting or impor ting such goods or their packaging for the purposes of 
selling or delivering;   
        (c) indicating the trademark on advertis ements, price lists, business papers, signboards or labels 
or displaying or distributing them.   
   (2) Acts of using a trademark on goods, packagin g of goods, advertisemen ts, signboards of labels 
under above paragraph (1)(vi)(a) to (c ) of this Article shall include using goods, packaging of goods, 
advertisements, signboards or labe ls as shapes of marks.    
   (3) Except as otherwise expressly provided for in th is Law, the provisions in this Law relating to 
trademarks shall apply to service marks,  collective marks and business emblems.   
   
Article 3 【Persons Entitled to Register a Trademark 】   
   
Any person who uses or intends to use his trademar k in the Republic of Korea shall be entitled to 
trademark registration; however, employees of the Korean Intellectual Property Office or employees 
of the Intellectual Property Tribunal shall not be  entitled to register trademarks during their 
employment at the Office except in the case of inheritance or bequest.       
Article 4 【Persons Entitled to Register a Business Emblem 】   
   
Any person who carries on a nonprofit business in the Re public of Korea shall be entitled to register a 
business emblem.      
Article 5 【Mutatis Mutandis  Application of Provisions of the Patent Law 】   
   
Articles 3 to 26, 28 to 28 quinquies  of the Patent Law shall apply mutatis mutandis  to trademarks. In 
such cases, "Article 132 ter" in Articles 6, 11(1)(iv), 15(1) and 17 of  the Patent Law shall read "Article 
70bis or 70 ter", "patent right and patent" in the proviso of  Article 28(2) of the Patent Law shall read 
"trademark right and trademark" and "internationa l application under Article 2(vii) of the Patent 
Cooperation Treaty (hereinafter referred to as 'inter national application')" shall read "international 
application under Article 2(2) of the Protocol Relating to the Madrid Agreement Concerning the 
International Registration of Marks (hereinafter referr ed to as 'international application'.  Hereinafter, IP/N/1/KOR/T/2 
Page 4  
 
 the Protocol Relating to the Madrid Agreement C oncerning the International Registration of Marks 
shall be referred to as 'the Protocol')".    
   
CHAPTER II   
REQUIREMENTS FOR TRADEMARK REGISTRATION AND APPLICATION 
THEREFOR   
   
Article 6 【Requirements for Trademark Registration 】   
   
(1) A trademark registration may be obta ined except in the following cases:    
  (i) where the mark consists solely of a sign in dicating, in a common way, the usual name of the 
goods;   
  (ii) where the mark is customarily used on the goods;   
  (iii) where the mark consists solely of a sign indicating, in a common way, the origin, quality, raw 
materials, efficacy, use, quantity, shape (including shape of packaging) or price of the goods, or 
the method or time of manufacturing, processing or using them;   
  (iv) where the mark consists solely of a sign indicating a conspicuous  geographical name, an 
abbreviation thereof or a map;   
  (v) where the mark consists solely of a sign indicating, in a common way, a common surname or 
name of a legal entity;   
  (vi) where the mark consists solely of a very simple and commonplace sign;   
  (vii) in addition to the cases mentioned in subpara graph (i) to (vi), where the mark does not enable 
consumers to recognize whose goods it indicates in connection with a person's business.   
   (2) Even in the case of a trademark which falls unde r paragraph (1)(iii) to (vi), where, as a result of 
the use of such trademark prior to the application for registration therefor under Article 9, consumers 
are able to conspicuously recognize whose goods it indicates in connection with a person's business, 
the trademark may be registered together w ith the designated goods (designated goods and 
supplementary designated goods as de fined in Articles 10(1) and 47(2)(iii), the same provision being 
applicable hereinafter) for which the trademark has been used.   
   
 
  IP/N/1/KOR/T/2 
 Page 5 
 
 
 Article 7 【Unregistrable Trademarks 】 
   
(1) Notwithstanding Article 6, trademark registrati on may not be obtained in the following cases;   
     (i) trademarks which are identical with, or sim ilar to, the national flag, the national emblem, colors, 
medals, decorations or badges of the Republic of Korea; the national flags or emblems of foreign 
nations; medals, decorations or badges of the countries party to the Paris Convention for the 
Protection of Intellectual Property (hereinafter re ferred to as "Paris Conven tion) or a member of 
the World Trade Organization, or a contracting party to the Trademark Law Treaty; the titles or 
marks of the Red Cross; Olympic or well-known in ternational organizations; or those which are 
identical with, or similar to, seals or signs of th e Republic of Korea or the countries party to the 
Paris Convention, or a member of the World Trad e Organization, or a contracting party to the 
Trademark Law Treaty; or the public organizations  thereof, used for indicating supervision or 
certification;   
  (ii) trademarks which falsely indicate a connection with any nation, race, ethnic group, public 
organization, religion or famous  deceased person, or which criticize, insult or are liable to 
defame them;   
  (iii) trademarks which are identical with, or similar to: famous marks indicating a nonprofit business 
of a State; a public organization or agencies or public corporations thereof; or indicating nonprofit public services. However, this provision shall not apply where the State, public organization or agency or public corporation th ereof, or the body of nonprofit public services, 
applies for the registration of such marks as their business emblems;   
  (iv) trademarks which are contra ry to public order or morality;   
  (v) trademarks comprising of a mark which is identical, or similar to, a medal, certificate of merit or 
decoration awarded at an exhibition held by or w ith the authorization of the Government of the 
Republic of Korea or at an exhibition held by or  with the authorization of the government of a 
foreign country; however, this provision shall not apply where a person who has been awarded a 
medal, certificate of merit or decoration has u sed it as a part of his trademark on the same goods 
for which such medal, certificate of merit or decoration was awarded at the exhibition;   
  (vi) trademarks containing the name, title or trade name, portrait, signature or seal, famous 
pseudonym, professional name or pen name of we ll-known persons, or an abbreviation thereof; 
however, this provision shall not apply where th e consent of the person concerned has been 
obtained;   IP/N/1/KOR/T/2 
Page 6  
 
   (vii) trademarks identical, or similar to anothe r person's registered trademark whose registration was 
applied for prior to the filing date of the tradem ark applications concerned and which are to be 
used on goods identical, or similar to the designated goods;   
  (viii) trademarks identical, or similar to anothe r person's trademark, where one year has not elapsed 
since the date of extinguishment of the trademar k right(in the case of a trial decision invalidating 
a trademark registration, the date when the tr ial decision became final and conclusive, the same 
applying hereinafter in this s ubparagraph) and which are used  on the designated goods covered 
by the trademark right or on similar goods;   
  (ix) trademarks which are identical, or simila r to, another person's trad emark which is well known 
among consumers as indicating the goods of that other person, or goods similar thereto, and 
which are used on goods that are identical, or similar to such goods;   
  (x) trademarks which are liable to cause confus ion with goods or services of another person because 
the trademark is recognized among consumers as designating the goods or services of that other 
person;   
  (xi) trademarks which are liable to mislead or d eceive the consumers as to the quality of the goods.   
  (xii) trademarks which are identical, or similar to a trademark which is recognized as indicating the 
goods of a particular person by customers in or outside of the Republic of Korea, and which are 
used for unjust purposes of obtaining unjust prof its or inflicting harms on a particular person, 
etc.   
  (xiii) trademarks consisting solely of three-di mensional shapes essential to secure the functions of 
goods requiring trademark registration or their packagings.   
  (xiv) trademarks consisting of geographical indicati ons or including such indications with regard to 
the origin of wines or spirits in a member of the World Trade Organization, and which are used in connection with wines, spirits, or other similar goods.   
   
(2) Even if a trademark falls under paragraphs (1)(v i), (ix) and (x) of this Article, the respective 
provisions shall not apply in the event the tradem ark does not fall under the respective subparagraphs 
at the time of application for the registration of a trademark.      (3) In the case of a trademark falling under paragra ph (1)(vii) and (viii) of this Article, the respective 
provisions shall apply where the trademark falls un der the respective subparagraphs at the time of 
application for registration of the trademark (this shall also apply when the registered trademark of another person is invalidated under Article 71 (3)), except where the owner of the trademark and the  IP/N/1/KOR/T/2 
 Page 7 
 
 
 applicant for registration of the trademark (hereina fter referred to as the "applicant") are one and the 
same person after the filing of the application.       (4) The provision of paragraph (1)(viii)  of this Article shall not be applicable to the following cases:   
  (i) where the registered trademark has not been used for more than one year retroactively from the 
date the trademark right became null and void;   
  (ii) where a rightful applicant makes an application for registration of the trademark, after a decision 
on invalidation or revocation becomes conclusive by  reason that the registered trademark violates 
the provisions of paragraph (1)(vi), (ix), (x) and (xii) or Articles 8 or 73(1)(vii); or   
  (iii) where the period of six months as prescribed  in the provisions of Article 43(2) expires and no 
application for registration for renewal of te rm of a trademark right has been made.   
   
(5) Where a trial for the cancellation of a tradem ark registration is requ ested under Article 73 (1) 
(ii),(iii),(v) to (ix) and where any of the following subparagraphs occurs after the date for the trial for 
cancellation, a person having the trademark right a nd any person using the trademark shall not obtain 
a trademark registration for the trademark that is iden tical, or similar to the registered trademark that 
has been extinguished with respect to goods that ar e identical, or similar to the designated goods of 
the registered trademark that has been extinguished  unless three years have elapsed since the day on 
which each of the following subparagraphs occurs:   
  (i) where the trademark right has expired because of termination of the duration period ;     (ii) where a person having the trademark right abandons some of the trademark rights or designated 
goods ; or   
  (iii) where the trial decision on the cancellation of  the registration of a trademark has become final 
and conclusive.   
   
Article 8 【First-to-File Rule 】   
   
(1) Where two or more applications for trademar k registration relating to identical or similar 
trademarks which are to be used on identical or similar goods are filed on different dates, only the 
applicant filing the application with the earlier filin g date may obtain a trademark registration for the 
trademark.      (2) Where two or more applications for trademar k registration relating to identical or similar 
trademarks which are to be used on identical or similar goods are filed on the same date, a IP/N/1/KOR/T/2 
Page 8  
 
 consultation will be held among a ll the applicants and the one person agreed upon by all the 
applicants may obtain a trademark registration fo r the trademark. If no agreement is reached or no 
consultation is possible, the trademark registration may be obtained only by the applicant chosen by a 
lottery which shall be conducted by the Commissione r of the Korean Intellectual Property Office.   
   (3) Where an application for trademark registration has been abandoned, withdrawn or invalidated, or 
where an examiner's decision or trial decision to refuse trademark registration has become final and conclusive, such application shall, for the purposes of paragraphs (1) and (2) of this Article, be 
deemed never to have been filed.       (4) The Commissioner of the Korean Intellectual Property Office shall, in the case provided for under paragraph (2) of this Article, order the applicants to notify him of any agreement they have reached, 
and to report the terms thereof. If such a report is not submitted within the designated period, the 
applicants shall be deemed not to have reached an  agreement within the meaning of paragraph (2) of 
this Article.      (5) Where a trial for the cancellation of a register ed trademark is requested under Article 73 (1)(iii) 
and where each of the following subparagraphs occurs after the day on which the trial for cancellation 
is requested, only the person that the trial for cancel lation may obtain a trademark registration for the 
trademark that is identical, or similar to the regi stered trademark that has been extinguished with 
respect to the goods that are identical, or similar to  the designated goods of the registered trademark 
that has been extinguished for a period of three m onths as of the day on which each of the following 
subparagraphs occurs:   
  (i) when the period under the provisions of Article 43 (2) expires ;   
  (ii) when a person having the trademark right abandons some of the trademark right or designated 
goods ; or   
  (iii) when the trial decision on the cancellation of  the registration of a trademark has become final 
and conclusive.  
  
Article 9 【Application for Trademark Registration 】   
   
(1) Any person desiring to obtain a trademark re gistration shall file an application with the 
Commissioner of the Korean Intellectual Property Office stating the following:    IP/N/1/KOR/T/2 
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   (i) the name and domicile of the applicant for trad emark registration (if the applicant is a legal entity, 
the title and place of business);   
  (ii) the name and domicile, or place of business,  of the agent, if any (if the agent is a patent 
corporation, the title, place of business and the name of the appointed patent attorney);   
  (iii) the trademark;     (iv) the list of designated goods and the class of goods;     (v) matters prescribed under Article 20(3)(only when claiming a priority right);   
  (vi) Deleted; and   
  (vii) matters prescribed by the Ordinance of th e Ministry of Commerce, Industry and Energy.   
   (2) Any person wishing to have a mark which is made up of three-dimensional shapes (including 
symbols, characters, designs, colors or any combin ation thereof) (hereinafter referred to as "three-
dimensional trademarks") registered shall indicate the meaning of such mark on the application of 
registration.       (3) Any person desiring to obtain the registration of a collective mark shall file, in addition to the 
matters mentioned in the subparagra phs of paragraph (1) of this Artic le, an application for registration 
of the collective mark accompanied by the articl es of association which govern the use of such 
collective mark, as prescribed by Presidential Decree.      (4) Any person desiring to obtain the registration of a business emblem shall file, in addition to the 
matters mentioned in the subparagra phs of paragraph (1) of this Artic le, an application for registration 
of the business emblem accompanied by documents proving the existence of a business management.   
  
Article 9 bis 【According of the filing date, etc. 】  
 
(1) The Commissioner of the Korean Intellectual Propert y Office shall decide to accord as the date of 
a trademark application the date of reception of  the request with respect to the trademark 
application unless the application falls  under any of the following paragraphs: 
  
(i) where the indication that a trademark registration is sought is not clear;    (ii) where the name or the title of the applicant is not indicated, or the indication is not considered sufficient to the extent to enab le the identification of the applicant;   IP/N/1/KOR/T/2 
Page 10  
 
 (iii) where a trademark for which the registration is sought is not indicated; or the indication is 
not clearly discernable;    (iv) where the designated goods are not indicated; or    (v) where the application is not filed in the Korean language.   
 (2) Where an application for trademark registration falls under any of the subp aragraphs of paragraph 
(1), the Commissioner of the Korean Intellectual Prope rty Office shall invite the applicant to make the 
required correction, designati ng an adequate time limit. 
 (3) Where the applicant supplements the application for trademark registration pursuant to the order to 
supplement under paragraph (2), he/s he shall submit documents for the procedure to supplement the 
application (hereinafter referred to as the "a  request to supplement the procedure").   
 (4) Where the applicant who has received an orde r to supplement under paragraph (2) has done so 
within the designated time limit, the Commissioner of the Korean Intellectual Property Office shall 
decide to accord as the date of the trademark app lication the date of reception of the request to 
supplement procedure by the Korean Intellectual Property Office.    (5) Where the applicant who has received an order to supplement under paragraph (2) has not done so 
within the designated time limit, the Commissione r of the Korean Intellectual Property Office may 
return the application for trademark registration on the ground that the application is defective.  
     
Article 10 【One Application for One Trademark 】   
   
(1) Any person who intends to file an applicatio n for trademark registration, shall designate one 
category or more of goods with respect to the cl assification of goods as prescribed by the Ordinance 
of the Ministry of Commerce, Industry and Energy, and make an application for each trademark.  In 
such cases, he/she may designate both goods  and services in one application.    
   (2) The classes of goods referred to under paragraph(1) of this Article shall not  be construed to limit 
the extent of similarity of the goods.      
 
  IP/N/1/KOR/T/2 
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 Article 11 Deleted    
   
Article 12 【Transfer and Partial Assignment of Application for    
Registration of a Trademark, etc. 】   
   
(1) Transfer of an application for trademark re gistration, except in cases of inheritance or other 
general succession, shall not be effective against th ird parties without recordation of the change of 
applicant.      (2) An application for trademark registration may be transferred separately for each of the goods 
designated in the application. In this case, desi gnated goods that are similar shall be transferred 
together.   
   (3) Deleted       (4) In the case of inheritance or other general su ccession, the successor in title shall, without delay, 
notify the Commissioner of the Korean Intellectual Property Office.      (5) Where an application for trademark registration is owned jointly, a joint owner may transfer his 
shares only with the consent of all the other joint owners.      (6) An application for trademark registration which is partially assigned pursuant to paragraph (2) of 
this Article shall be deemed to have  been filed at the time of filing of the original application, except, 
however, where Article 20(3) and (4) or 21(2) is applicable.      (7) An application for the registration of a business emblem may not be transferred unless the entire business is transferred.      (8) An application for trademark registration pursuan t to the provisions of Article 7(1)(iii) may be 
transferred only together with the business related to  the mark referred to in the principal sentence of 
that Article.     (9) An application for the registration of a collective mark may not be transferred. However, it may be transferred, with the authorization of the Co mmissioner of the Korean Intellectual Property Office, 
in the case of mergers of legal entities.      IP/N/1/KOR/T/2 
Page 12  
 
 Article 13 【Amendment of Procedure 】   
   
The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal may order the amendment of an application, a request, or any other procedure 
within an adequate time limit in any of the following cases:   
  (i) When the requirements of Article 3(1) of the Trademark Law or Article 6 of the Patent Law, as 
applied under Article 5 of the Trademark Law, have not been complied with;   
  (ii) When the formal requirements specified in the Trademark Law or an   
  Ordinance thereunder have not been complied with; or   
  (iii) When the fees required in accordance with Article 37 have not been paid.   
   
Article 14 【Amendment Before Decision of Publication of Application 】   
   
(1) Excluding the cases specified in Article 15, an applicant may amend the trademark or the list of 
designated goods in the application for trademark regi stration provided that the intent and purpose of 
the original application is not changed.      (2) An amendment under paragraph (1) of this Artic le may not be made after the transmittal of a 
certified copy of the examiner's decision to grant or refuse a trademark registration  (hereinafter 
referred to as "decision to grant or refuse a trademar k registration").  However, where a trial against a 
decision of refusal is requested under Article 70 bis, an amendment may be made within thirty days 
from the request, or within the period in which the written opinion is to be submitted under Article 
23(2), 45(2), 46 quater (2) or 48(2), which is applicable under Article 81.    
   
Article 15 【Amendment after Decision of Publication of Application 】   
   
The applicant may, within the time limit set fort h under any of the following conditions, amend or 
correct the designated goods and/or the specimen in response to reasons for refusal, reasons for 
opposition, reasons for a decision to refuse a trad emark registration, or a decision to refuse 
supplementary registration of the designated goods as long as the subject matter is not materially 
changed when a notice of rejection is served under Article 23(2) or Article 48(2) after the certified 
copy of the decision on publication of the app lication under Article 24 is delivered, when an 
opposition to the trademark registra tion is brought under Article 25, or when an appeal against a 
decision of refusal under Article 70(2) is requ ested against a decision to refuse a trademark  IP/N/1/KOR/T/2 
 Page 13 
 
 
 registration under Article 23(1) or a decision to refuse a supplementary registration of designated 
goods under Article 48(1);   
  (i) Time limit designated for submitting arguments under Article 23(2) or 48(2);   
  (ii) Time limit designated for submitting a written answer under Article 27(1); or   
  (iii) Thirty days from the date of the request fo r a trial against the decision of refusal under Article 
70bis.   
   
Article 16 【Material Change of Application 】   
   
(1) An amendment made under Article 14 or 15, falling under any of the following provisions, shall 
be deemed not to cause a material change to the a pplication for the registration of a trademark:   
  (i) Reduction in the scope of the list of designated goods;   
  (ii) Correction of errors;     (iii) Classification of ambiguous descriptions;     (iv) Deletion of any auxiliary part of the trademark.      (2) If an amendment of an application for tradem ark registration or designated goods has been made 
before the transmittal of a certified copy of decision to publish on application and is recognized to 
have caused a material change after the establishmen t of a trademark right, the trademark application 
shall be deemed to have been filed at the tim e the written amendment thereof is submitted.   
   
(3) If an amendment of an application for tradem ark registration or designated goods has been made 
after the transmittal of a certified copy of decision to publish an app lication and is deemed to have 
violated Article 15 after the establishment of a trademark right, the trademark application shall be deemed to have been established and registered on the trademark application which has not been 
amended.      
Article 17 【Rejection of Amendment 】   
   
(1) Where an amendment made under Article 14 causes  a material change to an application, the 
examiner shall reject the amendment to the application for registration of a trademark in the form of a 
decision.      IP/N/1/KOR/T/2 
Page 14  
 
 (2) The examiner shall not make a decision to grant or refuse trademark registration with respect to a 
trademark application, where a decision to reject  an amendment has been rendered under paragraph 
(1) of this Article, until the expiration of thirty da ys from the date the certified copy of said decision 
has been transmitted.  Where a decision to reject an amendment has been made under paragraph (1) of 
this Article, the examiner shall also not make a decision to publish the application subject to such 
amendment.      (3) Where an applicant requests a tr ial in accordance with Article 70 ter against a decision to reject an 
amendment under paragraph(1) of this Article, the examiner shall suspend the examination of the 
application for trademark registration until the tria l decision has become final and conclusive.    
   (4) Where an amendment under Article 15 regarding an  application for the registration of a trademark 
materially changes the application, the examiner shal l reject the amendment in the form of decision.   
   (5) The decision to reject an amendment under paragra ph (1) or (4) of this Article shall be made in 
writing and shall state the reasons therefor.      (6) No appeal shall be allowed for a decision to reject an amendment under paragraph (4), except in 
the case where a trial against a decision of refusal is requested under Article 70 bis.   
     
Article 18 【Division of Application for Trademark Registration 】   
   
(1) Where an applicant files an application for the registration of a trademark indicating two or more 
goods as designated goods, the application for the regist ration of a trademark may be divided into two 
or more applications within the period during which amendments may be made under Articles 14 and 
15.      (2) An application that has been divided under paragra ph (1) of this Article (hereinafter referred to as 
a "divided application") shall be deemed to have been filed at the time of filing of the original 
application, except when Articles 20(3) , (4) or 21(2) are applicable.   
   
Article 19 【Conversion of Application 】   
   
(1) An applicant may convert an application for the registration of a trademark into an application for 
the registration of a service mark and vice versa.        IP/N/1/KOR/T/2 
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 (2) If an application for trademark registration is  converted under paragraph (1) of this Article 
(hereinafter referred to as a "converted application"),  the converted application shall be considered as 
an application for trademark registration or a service  mark registration and sh all be deemed to have 
been filed at the time of the initial application.      (3) The converted application as referred to in paragr aph (2) of this Article may not be made after a 
decision to grant or refuse a trademark registration with respect to a initial trademark 
application or a 
trial decision on the initial application for trademark re gistration, or after a decision to grant or refuse 
a service mark registration with respect to a initial service mark application or a trial decision on the 
initial application for service mark registration has become final and conclusive.      (4) If a converted application as referred to in para graph (2) of this Article is filed, the initial 
application for trademark registration or service trad emark registration shall be considered to have 
been withdrawn.       (5) No conversion may be made for applications for the registration of trademarks, collective marks or 
business marks.     
 
Article 20 【Priority Claim under Treaty 】   
   
(1) If a national of a country who is required to r ecognize a right of priority for an application for 
trademark registration filed by a national of the Repub lic of Korea under a treaty or similar instrument 
(hereinafter referred to as a "treaty") claims a right of priority for the application for trademark registration in the Republic of Korea on the basi s of the prior application for such trademark 
registration filed in his country or in one of the coun tries recognized in the treaty, the filing date of the 
prior application in the foreign country shall be deem ed to be the filing date in the Republic of Korea 
for the purposes of Article 8. Where a national of th e Republic of Korea has filed an application for 
trademark registration in a country which recogn izes, under a treaty, the right of priority for 
applications for trademark registration filed by na tionals of the Republic of Korea, and claims the 
right of priority for an application for trademark registration in the Republic of Korea on the basis of 
the prior application for such trademark registration filed in the said country, this provision shall also 
apply.      IP/N/1/KOR/T/2 
Page 16  
 
 (2) A person intending to claim the right of priority in accordance with paragraph (1) of this Article 
shall file the application within six months from th e filing date of the prior application which is the 
basis of such right of priority.      (3) A person intending to claim the right of priority in accordance with paragraph (1) of this Article 
shall specify the nature, name of the country, tradem ark and the filing date of the prior application on 
the application for trademark registration at the time of filing the application.       (4) A person claiming the right of priority in acco rdance with paragraph (3) of this Article shall 
submit to the Commissioner of the Korean Intellectual Property Office, within three months from the filing date of the application for trademark registra tion, a written statement setting forth the filing date 
of the application, the trademark and the list of  designated goods, certified by the government of the 
country where the prior application was filed.      (5) Where a person claiming the right of priority in accordance with paragraph (3) of this Article fails 
to submit the certified copy within the time limit prescribed under paragraph (4) of this Article, the 
claim to the right of priority shall be forfeited.        
Article 21 【Special Provisions as to Time of Filing an Application 】   
   
(1) Where a person entitled to file an application fo r trademark registration files, an application for 
trademark registration whose designated goods beari ng the trademark have been exhibited at any one 
of the following types of exhibitions within six months from the date of such exhibition, the application shall be deemed to ha ve been filed at the time when such goods were exhibited.   
   
(i) exhibitions held by the Government or a local government;   
(ii) exhibitions held by persons authorized by the Government or a local government;   (iii) exhibitions held in a foreign country w ith the authorization of the Government;   
(iv) international exhibitions held in the territory  of a country party to a treaty by the government 
of the said country or by persons authorized by the said government.   
   (2) Any person desiring to take advantage of paragra ph (1) of this Article with  respect to a trademark 
in an application for trademark registration sha ll submit a written statement to that effect in 
conjunction with his application for trademark registration to the Commissioner of the Korean  IP/N/1/KOR/T/2 
 Page 17 
 
 
 Intellectual Property Office, to whom such person sha ll also submit, within thirty days from the filing 
date of the application, a document proving the relevant facts.    
   
CHAPTER III    
EXAMINATION   
     
Article 22 【Examination by Examiner 】   
   
(1) The Commissioner of the Korean Intellectual Pr operty Office shall have applications for the 
trademarks registration and oppositions to tradem arks registration examined by examiners.   
   (2) The qualifications for examiners shall be  prescribed by the Presidential Decree.   
   (3) Any person whose application for trademark regi stration falls within any subparagraph of Article 
23(1) may submit to the Commissioner of the Ko rean Intellectual Property Office relevant 
information together with supporting evidence.      
Article 22 bis 【Request, etc. for Inspection of Trademark by    
Specialized Searching Agency 】   
   
(1) The Commissioner of the Korean Intellectual Pr operty Office may request a specialized searching 
agency to inspect trademarks where it is deemed  necessary for the examination with regard to an 
application of trademark registration.      (2) The Commissioner of the Korean Intellectual Pr operty Office may request assistance or hear from 
the competent administrative agency , a person with vast knowledge and experience in trademarks, or 
interested persons, where it is deemed necessary for the examination of an application for trademark 
registration.      (3) Criteria for the specialized sear ching agency and requests for the search of trademarks pursuant to 
paragraph (1) of this Article shall be prescribed by the Presidential Decree.    
     
 
  IP/N/1/KOR/T/2 
Page 18  
 
 Article 23 【Decision to Refuse Trademark Registration and Notification                                              
of Reasons for Refusal 】   
   
(1) The examiner shall make a deci sion to refuse trademark registration with respect to an application 
for trademark registration where it falls unde r any of the following subparagraphs:    
(i) where the trademark is not registrable in accord ance with the provisions of Article 3, 6 to 8, 
10(1), 12(2) (second sentence), (5) and (7) to (9) of Trademark Law or 25 of the Patent Law as 
applied under Article 5 of the Trademark Law;   
(ii) where the trademark is in violation of the provisions of a treaty;   (iii) where the trademark is identical, or similar to a trademark registered in the territory of a 
country which is a party to a treaty and has been filed by a person who is or was an agent or a 
representative of the owner of the trademark, within one year prior to the date of filing, without such owner's authorization, for designated goods which are identical, or similar to the designated 
goods covered by the owner's trade-mark; however , this provision shall apply only where an 
opposition has been filed or information has been s ubmitted under Article 22(3) by the owner; or   
(iv) where the trademark is not conform to the definition of the mark under Article 2(1)(i) to (iv).  
   (2) An examiner shall, when in tending to make a decision to refuse trademark registration under 
paragraph (1) of this Article, notify the applicant of  the reasons for refusal and give the applicant an 
opportunity to submit a written statement of applican t's arguments, designatin g a time limit for such 
submission.    
Article 24 【Publication of Application 】   
   
(1) Where an examiner finds no grounds for rejecti ng an application for trademark registration, he 
shall render a decision to publish the application.      (2) Where a decision under paragraph (1) of this Article is made, the Commissioner of the Korean 
Intellectual Property Office shall transmit the decisi on to the applicant and publish the application in 
the Trademark Gazette.      (3) The Commissioner of the Korean Intellectual Pr operty Office shall make the documents of the 
application for trademark registration and other re lated documents available for public inspection at  IP/N/1/KOR/T/2 
 Page 19 
 
 
 the Korean Intellectual Property Office for a period of thirty days following the date of publication of 
the application.     
Article 24 bis 【Right to Demand Compensation for Loss 】   
 
(1) After an application is publis hed under Article 24(2) (including mutatis mutandis  application 
under Article 49(3) and Article 81(1)), an applican t may warn, in writing, a person who has used a 
trademark that is identical or similar to the trad emark of said published application on goods that are 
identical or similar to the designated goods of said published application.  However, where the 
applicant show a copy of said application for trad emark registration, he/she may send a warning in 
writing even before the publication of the application.    (2) An applicant who has sent a warning under pa ragraph (1) may demand payment of compensation 
in an amount equivalent to the loss of business caus ed by the use of said trademark from the date of 
warning to the date of registration of the trademark right.    (3) The right to demand under paragraph (2) shall be exercised only after the registration of a 
trademark right.    (4) The exercise of the right to demand under pa ragraph (2) shall not preclude the exercise of the 
trademark right.    (5) Articles 52, 66, 69 and 70 of this Law, and Articles 760 and 766 of the Civil Code shall apply 
mutatis mutandis  to the exercise of the right to demand under paragraph (2).  In such cases, "the date 
on which the damaged party or his legal representativ e became aware of such damage and the identity 
of the person causing it" in Article 766(1) of the Civil Code shall read "the date of registration of said 
trademark right".    (6) Where the application for trademark registra tion falls under any of th e following subparagraphs, 
the right to demand under paragraph (2) shall be deemed never to have existed.   
 
(i) where an application for trademark regi stration has been abandoned, withdrawn or 
invalidated;   (ii) where a decision to refuse trademark registra tion for an application for trademark registration 
has become final and conclusive; or  IP/N/1/KOR/T/2 
Page 20  
 
 (iii) where a trial decision to invalidate a tradem ark registration under Article 71 (except Article 
71(1)(iv) and (v)) has become final and conclusive.   
   
Article 25 【Opposition to Trademark Registration 】   
   
(1) When an application is published, any person may raise an opposition to a trademark registration 
which falls within each subparagraph of Article  23(1) with the Commissioner of the Korean 
Intellectual Property Office within thirty days from the date of publication of the application.   
   
(2) If any person intends to make an opposition to a trademark registration, such person shall submit 
to the Commissioner of the Korean Intellectua l Property Office a written opposition specifying 
matters falling under each of the following subparagra phs, together with the supporting evidence:    
  (i) the name and the domicile of the applican t for the opposition to a trademark registration (if the 
applicant is a legal entity, the title and place of business)    
  (ibis) where such person has a legal agent, the name and the domicile or the place of business (if the 
agent is a patent corporation, the title, place of business, and the name of the appointed patent 
attorney);  
  (ii) serial number of the application for the trademark registration ;     (iii) relevant category of goods and designated goods ;   
  (iv) grounds of the application for the opposition to a trademark registration ; and   
  (v) reasons for the application for the oppositio n to a trademark registration and indication of 
supporting evidences.     
   
Article 26 【Amendment of Reasons for Opposition to    
Trademark Registration 】   
   
A person who has filed a notice of opposition to  a trademark registration under Article 25(1) 
(hereinafter referred to as the "opponent") may amend the reasons and ev idence submitted in the 
notice of opposition to the trademark registration within thirty days from the expiration of the time limit for filing the notice of opposition.      
 
  IP/N/1/KOR/T/2 
 Page 21 
 
 
 Article 27 【Decision on Opposition to Trademark Registration 】   
   
(1) Where a notice of opposition has been filed, the exam iner shall transmit to the applicant a copy of 
the notice of opposition to the trademark registration and give the applicant an opportunity to submit 
an answer in writing within the designated time limit.      (2) After the expiration of the time limits prescribed in  paragraph (1) of this Article and Article 26, the 
examiner shall render a decision on the opposition to the trademark registration.      (3) Where an opponent fails to submit reasons a nd evidence, the examiner may reject the opposition 
to the trademark registration by decision after the expiration of the time limit under Article 26, 
notwithstanding paragraph (1) of this Article.      (4) The decision on the opposition to a trademark registration shall be made in writing and state the reasons therefor.      (5) The Commissioner of the Korean Intellectual Pr operty Office shall, when a decision has been 
rendered under paragraph (2) of this  Article, transmit a certified copy of the decision to the applicant 
and the Opponent.      (6) No appeal shall be made against the decision on the opposition to a trademark registration.   
   
(7) In applying paragraph (4) of this Article, wher e there are different reasons for the decision on the 
opposition to a trademark registration for two or mo re designated goods, the examiner shall give 
specific reasons for the decision fo r each of the respective goods.   
   
 Article 28 【Decision of Refusal to Register a Trademark Made Ex Officio  After Publication 】   
   
(1) Where an examiner finds reasons for refusal afte r the publication of an application, he may render 
a decision of refusal  ex officio  under Article 23.   
   (2) Where an examiner render a decision to refuse an  application under paragra ph (1) of this Article, 
he shall not render a decision on the opposition to the registration of a trademark even if the 
opposition has been filed in accordance with Article 25.      IP/N/1/KOR/T/2 
Page 22  
 
 (3) Where a decision of refusal has been rende red under paragraph (1) of this Article, the 
Commissioner of the Korean Intellectual Property Office shall transmit a certified copy of the decision of refusal to the opponent.      
Article 29 【Concurrent Oppositions to Trademark Registration 】   
   
(1) Where two or more oppositions have been filed,  an examiner may examine and rule upon them 
jointly or separately.   
   
(2) Where two or more oppositions have been filed and one of them is deem ed to be justified upon 
examination, the examiner need not render a ruling as to the other opposition(s).      (3) The Commissioner of the Korean Intellectual Pr operty Office shall also transmit a certified copy 
of the decision of refusal to the opponents whose oppositions were not examined under paragraph(2) 
of this Article.      
Article 30 【Decision to Grant Registration of a Trademark 】   
   
Where the examiner cannot find any reasons for re fusing an application for the registration of a 
trademark, the examiner shall render a decision in favor of trademark registration.      
Article 31 【Method of Decision to grant or  refuse a trademark registration 】   
  
(1) The decision to grant or refuse a trademark registration shall be made in writing and shall state the 
reasons therefor.      (2) Where an examiner has made a decision to grant or refuse a trademark registration, the 
Commissioner of the Korean Intellectual Property Office shall transmit a certified copy of the decision to the applicant.        
Article 32 【Suspension of Examination or Litigation Proceedings 】   
   
(1) The examination procedure of an application for the registration of a trademark may, if necessary, 
be suspended until a trial decision has become fina l and conclusive or litigation proceedings have 
been concluded.       IP/N/1/KOR/T/2 
 Page 23 
 
 
 (2) The court may, if necessary in the litigation, suspend proceedings until the examiner's decision on 
the registration of a trademark has become final and conclusive.      
Article 33 【Mutatis Mutandis  Application of Provisions    
of the Patent Law 】   
  Articles 148(1) - (5), (7) and 157 of the Patent  Law and Articles 133, 271 and 339 of the Code of 
Civil Procedure shall apply mutatis mutandis  to the examination of applications for the registration of 
trademarks.       
 
 
CHAPTER IV   
TRADEMARK REGISTRATION FEES AND    
REGISTRATION OF TRADEMARKS   
   
Article 34 【Trademark Registration Fees 】   
   
(1) A person desiring to obtain registration of a trademark right, supplementary registration of 
designated goods or registration for the renewal of term of a tradem ark right shall pay the trademark 
registration fees.     (2) Regardless of whether the person liable to pay the trademark registration fees is willing, any 
interested person may pay the trademark registra tion fees under paragraph (1) of this Article.   
   (3) Matters related to the payment of trademark re gistration fees under paragr aph (1) of this Article, 
including the procedure and time limits for payment, shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.      
Article 34 bis 【Abandonment of a Some or All the Designated Goods at the Time of Payment of 
the Trademark Registration Fees 】   
 
(1) A person who has received a decision granting regi stration of a trademark application with more 
than two designated goods, or has received a decision granting supplementary registration of 
designated goods in an application for supplementa ry registration of the designated goods, or has 
received a decision granting registration for renewa l of term of a trademark right may abandon 
said designated goods in part when he/she pays the trademark registration fees.   
 IP/N/1/KOR/T/2 
Page 24  
 
 (2) Matters necessary for the aba ndonment of designated goods under pa ragraph (1) of this Article 
shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.      
Article 35 【Extension Payment Period for Trademark Registration Fees 】 
   
The Commissioner of the Korean Intellectual Property Office may, upon request, extend the period 
for the payment of trademark registration fees unde r Article 34(3) for a period not exceeding thirty 
days.   
   
Article 36 【Abandonment of Application for Registrati on of Trademark as a Consequence of 
Nonpayment of Trademark Registration Fees 】   
   
If the trademark registration fees are not paid within  the periods provided for in Articles 34(3) or 35, 
the applications for registration of a trademark,  supplementary registration of designated goods or 
registration for the renewal of term of a trademar k shall be deemed to have been abandoned.   
     
Article 36 bis【Recovery of an Application for Trademark Registration by  
Payment of the Trademark Registration Fees, etc. 】   
 
(1) Where an applicant who has submitted an app lication for registration of a trademark, an 
application for supplementary registration of designa ted goods, or an application for registration for a 
renewal of term of a trademark right deemed to have been abandoned under Article 36, or where an 
applicant was unable to pay the registration f ees under Article 34(3) within the payment period 
prescribed under Article 34(3) or 35 due to circumst ances beyond his or her control, said applicant 
may pay the registration fees within 14 days from th e date on which said circumstances cease to exist.  
However, this provision shall not apply where a peri od of 6 months elapses from the expiration date 
of the payment period prescribed under Article 34(3) or 35.  (2) Where payment of the registration fees is made in accordance with paragraph (1), the application 
for registration of a trademark, the application fo r supplementary registration of designated goods, or 
the application for registration for the renewal of te rm of a trademark shall be deemed to have not 
been abandoned, notwithstanding the provisions of Article 36.    (3) Where an application for registration of a tradem ark, an application for supplementary registration 
of designated goods, or a trademark right has been recovered under paragraph (2), the effect of said  IP/N/1/KOR/T/2 
 Page 25 
 
 
 recovery of the application for registration of a trademark, or the application for supplementary 
registration of designated goods, or th e trademark right shall not extend to use of a trademark that is 
identical or similar to a registered trademark on g oods identical or similar to the designated goods if 
said use occurred within a period extending from th e expiration date of the payment period under 
Article 34(3) or 35 to the recovery date of the a pplication for trademark registration, the application 
for supplementary registration of designated goods, or the trademark right.     
Article 37 【Official Fees 】   
   
(1) A person filing an application, making a dema nd or initiating other procedures with regard to a 
trademark shall pay official fees. However, in the ev ent a request is made for an invalidation trial by 
an examiner in accordance with Article 71(1) or  72(1), such fees shall not be applicable.   
   (2) Matters related to the payment of official fe es under paragraph(i) of this Article, including the 
procedure and time limits for payment of the fees,  shall be prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy.      (3) A person who makes an application for renewal of term registration of a trademark right within the 
period of time as prescribed in Article 43(2) sha ll pay the amount as determined by the Ordinance of 
the Ministry of Commerce, Industry and Energy in a ddition to the fee referred to in paragraph (2) of 
this Article.      
Article 38 【Refund of Trademark Registration Fees 】   
   
(1) Trademark registration fees and official fees which have been paid shall not be refunded. 
However, where payment of fees have been made by  mistake, the incorrectly paid portion of the fees 
shall be refunded without delay upon request by  the person who made such payment.    
 (2) Where trademark registration fees and official f ees has been paid incorr ectly the Commissioner of 
the Korean Intellectual Property Office shall issue notification of the fact to the person who made 
such payment.    (3) A refund of the trademark registration fees a nd official fees submitted under paragraph (2) shall 
not be requested where one year has elapsed from the date on which notification was given of such. 
   IP/N/1/KOR/T/2 
Page 26  
 
 Article 39 【Trademark Register 】   
   
(1) The Commissioner of the Korean Intellectual Pr operty Office shall keep a Trademark Register at 
the Korean Intellectual Property Office and shall register the following matters:        (i) the establishment, transfer, modification, expi ration, renewal of the term, reclassification of goods 
under Article 46 bis, supplementary registration of designate d goods or restriction on disposal, of 
a trademark right;   
  (ii) the establishment, maintenance, transfer, modifi cation, expiration, or restriction on disposal of an 
exclusive or non-exclusive license; and    
  (iii) the establishment, transfer, modification, expi ration, and restriction on disposal of a pledge on a 
trademark right in relation to an exclusive or non-exclusive license.   
   (2) All or part of the Trademark Register may be st ored in electronic format such as magnetic tape.   
   (3) Necessary matters relating to registration and re gistration procedures of trademarks not provided 
for in paragraphs (1) and (2) of this Article shall be prescribed by the Presidential Decree.   
   
Article 40 【Issuance of Certificate of Registration of Trademark 】   
   
(1) When the establishment of a trademark right has been registered, the commissioner of the Korean 
Intellectual Property Office shall issue a certificate of registration of the trademark to the owner of the 
trademark.      
(2) Where the certificate of registration of a tr ademark does not correspond with the Trademark 
Register, the Commissioner of the Korean Intellect ual Property Office shall make a correction on the 
certificate and reissue the certificat e with amendments or issue a new certificate upon request by the 
applicant or ex officio.    
   
CHAPTER V   
TRADEMARK RIGHT    
   
Article 41 【Registration of Establishment of Trademark Right 】   
   
(1) A trademark right shall come into effect upon registration of its establishment.    IP/N/1/KOR/T/2 
 Page 27 
 
 
 (2) The Commissioner of the Korean Intellectual Property Office shall authorize the registration of the 
trademark right. When the trademark registration fees have been paid in accordance with Article 
34(1).       
Article 42 【Term of Trademark Right 】   
   
(1) The term of a trademark right shall be 10 years from the date of registration of its establishment.   
   
(2) The term of a trademark right may be re newed for an additional 10 years upon making an 
application for the registration fo r the renewal of its term.   
   
Article 43 【Application for Registration for the Renewal of Term 】 
   
(1) Any person desiring registration for the renewal of term of a trademark right under Article 42(2) 
shall submit an application to the Commissioner of the Korean Intellectual Property Office, including 
the following:     (i) requirements under Article 9(1) (i), (ii), (iv) and (vii); and     (ii) the registration number of the trademark concerned.      (2) The application for registration for the renewal of  term of a trademark right  shall be filed within 
one year prior to the date of expiration of the term  of the trademark right. However, a person who fails 
to apply for registration for the renewal of term of  a trademark right within this period, may do so 
within six months after the expiration date of the trademark right.      (3) Where a trademark right is owned jointly, all jo int owners shall jointly file an application for 
registration for the renewal of the term.   
   (4) In addition to the provisions of paragraphs (1)-(3) of this Article, all other necessary matters 
required to file applications for registration for th e renewal of term of a trademark right shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.      
 
   IP/N/1/KOR/T/2 
Page 28  
 
 Article 44 【Division of an Application for Registration for Renewal of    
Term of a Trademark Right 】   
   
(1) Where the designated goods of a registered tr ademark cover two or more goods, the application 
for registration for renewal of term of a trademark right may be divided into each of the goods.    
   (2) Where, in an application for registration for re newal of term of a trademark right under Article 
43(1), the applicant designates two or more goods, he  may divide the application into two or more 
applications within the period of time allowed fo r amendment as provided for in Article 14.    
   (3) A divisional application for registration for re newal of term under paragr aph (2) under this Article 
shall be deemed to have been filed at the time of filing of the original application for registration for 
renewal of term.      
Article 45 【Decision of Refusal of Registration for  
Renewal of Term and Notification of Reasons for Refusal 】   
   
(1) The examiner shall make a decision of refusal of registration for renewal of term of a trademark 
right where it falls under any one of the following subparagraphs:   
  (i) deleted    
  (ii) the applicant is not the owner of the trademark right concerned;     (iii) the application is in violation of Article 43(2);     (iv) deleted      (v) deleted      (vi) Where the designated goods for which the appl ication for renewal registration of the term of the 
trademark right is not the designated goods of such registered trademark, or where the application 
expands the actual scope of the designated goods.   
   (2) Where the examiner intends to render a decision of  refusal of registration fo r renewal of term of a 
trademark right under paragraph (1) of this Article,  the examiner shall notify the applicant of the 
reasons for the refusal and give the applicant an opportunity to submit Applicant's arguments in 
writing within the designated time limit.      
  IP/N/1/KOR/T/2 
 Page 29 
 
 
 Article 46 【Effects of Application for Registration for Renewal of  
Term of a Trademark Right, etc. 】   
   
(1) Where an application for registration for renewal of  term of a trademark right has been filed within 
the period provided for in Article 43(2), the term of the trademark right shall be deemed to have been 
renewed, except where a decision of refusal of re gistration for the renewal of term of a trademark 
right thereof has become final and conclusive.      (2) The registration for renewal of term of a tr ademark right shall commence on the day following the 
date of expiration of the original registration.      
Article 46 bis【Application to Register the Reclassification of Goods 】   
 
(1) A trademark right owner who has obtained a tr ademark registration, a supplementary registration 
of designated goods, or a registration for renewal of term of a trademark right for designated goods in 
accordance with the classification of goods prescribed by the Ordinance of the Ministry of Commerce, 
Industry and Energy under the previous Article 10(1)  of the Trademark Law, before enforcement of 
the amendment thereof under the enactment of La w No.5355, shall reclassify the designated goods 
(hereinafter referred to as the “reclassification of goods”), as prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy.  However, this provision shall not apply where the person has obtained registration for renewal of te rm of a trademark right for designated goods in 
accordance with the classification of goods as prescr ibed by the Ordinance of the Ministry of 
Commerce, Industry and Energy under Article 10( 1) of the Trademark Law as amended under the 
enactment of Law No.5355.    (2) If any person intends to obtain registration of  reclassification of goods under paragraph (1), 
(hereinafter referred to as "registration of reclassifi cation of goods"), such person shall submit to the 
Commissioner of the Korean Intellectual Propert y Office a written application to register the 
reclassification of goods, specifying the particulars prescribed in each of the following subparagraphs.  
Where a person intends to file an application to  register the reclassification of goods and an 
application to register a renewal of term of a trad emark right under Article 43(1) at the same time, he 
may instead file a single application for registrati on of renewal of term of  a trademark right by 
specifying therein said intention and the par ticulars prescribed under subparagraph (4).  
 IP/N/1/KOR/T/2 
Page 30  
 
 (i) the name and the domicile of the applicant for the reclassification of goods (if the applicant is a 
legal entity, the title and the place of business)  
(ii) where such person has an agent, the name and the domicile or the place of business (if the agent is 
a patent corporation, the title, place of business and the name of the appointed patent attorney);   
(iii) the registration number of the registered trademark    (iv) the designated goods and the corresponding classifi cation that the applicant wishes to reclassify.  
 (3) The application for registration of the reclassificat ion of goods shall be filed within the period of 
from one year before the expiration date of the term  of the trademark right to six months after the 
expiration date of said term.  (4) Where a trademark right is owned jointly, all jo int owners shall jointly file an application for 
register the reclassification of goods.     
Article 46 ter 【Division of an Application for Registration of the Reclassification of Goods 】   
 
(1) Where an applicant files an application for registration of a renewal of term of a trademark right in 
which the designated goods are divided under Article 44(1), the applicant shall file an application to 
divide the registration of the reclassification of goods.     (2) Where an application for registration of a rene wal of term of a trademark right is divided under 
Article 44(2), the applicant shall file an application to divide the registration of the reclassification of 
goods, or divide the application for registration of the reclassification of goods that has already been 
filed.    (3) Where an application for registration of the r eclassification of goods that  has already been filed 
under paragraph (2) is divided, the concerned appli cation for registration of the reclassification of 
goods will be deemed to have been filed when th e original application for registration of the 
reclassification of goods was filed.    
Article 46 quater  【Decision of Refusal of Registration of the Reclassification of Goods and 
Notification of the Reasons for Refusal 】   
 
(1) The examiner shall render a decision to refuse registration of the reclassification of goods where 
any one of the following subparagraphs applies:     IP/N/1/KOR/T/2 
 Page 31 
 
 
   (i) where the designated goods for which an appli cation to register the reclassification of goods has 
been filed are not the goods designated under the regi stered trademark or where the applicant expands 
the actual scope of the designated goods;     (ii) where the designated goods of an applicati on to register the reclassification goods does not 
correspond with the classifications of goods prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy;     (iii) where the applicant is not the owner of the trademark right concerned; and    
  (iv) where the application is in violation of Article 46 bis (3)    
 (2) Where the examiner intends to render a decisi on to refuse registration of the reclassification of 
goods under paragraph (1) of this Article, the examiner  shall notify the applicant of the reasons for the 
refusal and give the applicant an opportunity to submit a response in writing within the designated 
time limit.    
 
Article 46 quinquies  【Registration of the reclassification of Goods 】   
 
(1) Where the examiner renders a decision to register the reclassification of goods under Article 30 as 
applied under Article 49(2), the Commissioner of the Korean Intellectual Property Office shall 
register the reclassification of the designated goods.      
Article 47 【Application for Supplementary Registration of    
Designated Goods 】   
   
(1) The owner of a trademark right or an applicant for the registration of a trademark right may obtain 
supplementary registration of desi gnated goods to be added to the d esignated goods of the registered 
trademark or to the application for the registration of a trademark.       (2) A person intending to obtain supplementary re gistration of designated goods under paragraph (1) 
of this Article shall submit an application for s upplementary registration of designated goods to the 
Commissioner of the Korean Intellectual Property Office including the following:   
  (i) Requirements under Article 9(1)(i) to (iii), (v) and (vii);     (ii) the registration number of the trademark or th e number of the application for the registration of a 
trademark; and     
  (iii) the supplementary goods to be designated and the corresponding class of the classification.   IP/N/1/KOR/T/2 
Page 32  
 
 Article 48 【Decision of Refusal of Supplementary Registration of Designated Goods and 
Notification of Reasons for Refusal 】 
   
(1) Where an application for supplementary regist ration of designated goods falls under any of the 
following subparagraphs, the examiner shall render a decision of refusal thereof:   
  (i) the application falls under any one of  the subparagraphs of Article 23(1);   
  (ii) the applicant is not the owner of the trad emark right or the applicant for registration of the 
trademark concerned;   
  (iii) the trademark for the application is not iden tical with the trademark registered or the trademark 
for which an application for registration has been filed; or     
  (iv) the right under the registered trademark ha s expired or the application for registration of a 
trademark has been withdrawn, abandoned or invalidated, or a decision of refusal of the application has become final and conclusive.   
   (2) If the examiner intends to render a decision of  refusal for an application for supplementary 
registration of designated goods unde r paragraph (1) of this Article, the examiner shall notify the 
applicant of the reasons for the refusal and give the applicant an opportunity to submit Applicant's 
arguments in writing within the designated time limit.      
Article 49 【Mutatis Mutandis  Application of Provisions    
of the Patent Law 】   
   
(1) Articles 10(1), 13, 14, 16, 17, 22 and 30 to 32 of the Trademark Law and Article 148(i) - (v), (vii) 
of the Patent Law shall apply mutatis mutandis  to applications for registra tion of renewal of term of a 
trademark right.       (2) Articles 10(1), 13, 14, 16, 17, 22 and 30 - 32 of the Trademark Law and Article 148 (i) - (v), (vii) 
of the Patent Law shall apply mutatis mutandis  to applications for registration of the reclassification 
of goods.    (3) Articles 10(1), 13 - 17, 20 - 22 and 24 - 32 of the Trademark Law, Articles 148(1) (i) - (v), (vii) 
and 157 of the Patent Law and Articles 133, 271 an d 339 of the Code of Civil Procedure shall apply 
mutatis mutandis  to applications for supplementar y registration of designated goods.   IP/N/1/KOR/T/2 
 Page 33 
 
 
 Article 50 【Effects of Trademark Right 】 
   
The owner of a trademark right shall have the excl usive right to use the registered trademark with 
respect to the designated goods. However, in accordan ce with Article 55(3), where the trademark right 
is the subject of an exclusive license, this provision shall not apply to the extent in which the licensee 
has the exclusive right to use the registered trademark.   
   
Article 51 【Limitations of Trademark Right 】   
   
The effects of the trademark right shall not extend to the following:    
  (i) trademarks indicating, in a common way, a person's own name, title or trade name, portrait, 
signature, seal, famous pseudonym, professional na me or pen name, or a famous abbreviation 
thereof; however, this provision shall not apply wh ere, after registration  of the trademark right, 
such mark has been used with the intention of  violating the rules of fair competition;   
  (ii) trademarks indicating, in a common way, the common name, origin, place of sale, quality, raw 
materials, efficacy, use, quantity, shape or pr ice of the designated goods concerned or goods 
similar thereto, or the method or time of manufact uring, processing or use of such goods; and   
  (iii) trademarks customarily used on the d esignated goods or goods simi lar thereto, and marks 
consisting of famous geographi cal appellation or their abbreviations or of a map.   
  (iv) trademarks consisting solely of three-di mensional shapes that are essential to secure the 
functions of the designated goods of a regi stered trademark or their packaging.   
   
Article 52 【Extent of Protection of Registered Trademark, etc. 】   
   
(1) The extent of protection conferred by a register ed trademark shall be determined on the basis of 
the trademark reproduced in the documents accomp anying the application for registration of a 
trademark.      
(2) The extent of protection conferred to the designa ted goods shall be determined on the basis of the 
goods listed in the documents accompanying the app lication for registration of a trademark or the 
application for registration of the reclassification of goods.      
 
 IP/N/1/KOR/T/2 
Page 34  
 
 Article 53 【Relationship with Another Design Right, etc. 】   
   
When the use of a registered trademark on the design ated goods conflicts with another person's patent 
right, utility model right and/or design right which ha ve been applied for prior to the date of such 
application for the registration of the trademark, or  with another person's copyright which has been in 
effect prior to that date, the owner of the tradem ark right, or the exclusive or nonexclusive licensee, 
shall not use the registered trademark on the portion of the designated goods giving rise to the conflict without a license from the owner of the earlier pa tent right, utility model right, design right or 
copyright.      
Article 54 【Assignment and Joint Ownership of Trademarks, etc. 】   
   
(1) A trademark right may be assigned separately for each of the designated goods. In such case, 
rights with respect to similar designated goods sha ll be assigned together with the assignment of the 
trademark.      (2) to (4) Deleted.       (5) A joint owner of a trademark right may ne ither assign his share nor establish a pledge upon it 
without the consent of all the other joint owners.      (6) A joint owner may grant neither an exclusive nor a nonexclusive license of the trademark right 
without the consent of all the other joint owners.      (7) A business emblem right under Article 2(1)(iv) ma y not be assigned; however, this provision shall 
not apply where the business emblem is assigned together with the business.   
   (8) A trademark right registered under the provisions of Article 7(1)(iii) may not be assigned; however, this provision shall not apply where it is assigned together with the business relating to the 
mark as referred to in the principa l sentence of Article 7(1)(iii).   
   (9) A collective mark right may not be transferred; however, in the case of a merger of a legal entity, 
the collective mark may be assigned with the aut horization of the Commissioner of the Korean 
Intellectual Property Office.       IP/N/1/KOR/T/2 
 Page 35 
 
 
 (10) No pledge right shall be established in connection with the business emblem right or the 
trademark right and the collective mark right u nder the provisions of Article 7(1) (iii).   
   
Article 54 bis 【Division of Trademark Right 】   
   
(1) Where there are two or more designated goods un der one trademark right, the trademark right may 
be divided for each of such designated goods.      
(2) Where a request for an invalidation trial is ma de under Article 71(2), the division under paragraph 
(1) of this Article may be made until the deci sion of the invalidation trial becomes final and 
conclusive even if the trademark right expires.        
Article 55 【Exclusive License 】   
   
(1) The owner of a trademark right may grant an exclusive license on the trademark right.   
   (2) An exclusive license may not be granted in re lation to a business emblem or a collective mark 
right.      (3) An exclusive licensee who has been granted an exclusive license under paragraph (1) of this 
Article, shall have the exclusive right to use the re gistered trademark on the designated goods to the 
extent provided for in the license agreement.      (4) An exclusive licensee shall indicate his own name or title on the goods.      
(5) An exclusive licensee may not assign the licen se without the consent of the owner of the 
trademark right, except in the case of inheritance or other general succession.      (6) An exclusive licensee may establish a pledge or grant a nonexclusive license on the exclusive 
license only with the consent of the owner of the trademark right.      (7) Article 54(5) and (6) shall apply mutatis mutandis  to exclusive licenses.   
   
 
  IP/N/1/KOR/T/2 
Page 36  
 
 Article 56 【Effects of Registration on Trademark Right and    
Exclusive License 】   
   
(1) The following shall have no effect unless they are registered:   
  (i) the transfer (except in the case of inheritance or other general succession), modification, 
extinguishment by abandonment, a renewal of the term of trademark right, reclassification of goods, supplement to designated goods or restriction on the disposal thereof;   
  (ii) the grant, transfer (except in the case of i nheritance or other general succession), modification or 
extinguishment by abandonment of an exclusive license,  or restriction on the disposal thereof; or   
  (iii) the establishment, transfer (except in the case of inheritance or other general succession), 
modification or extinguishment by abandonment of a pledge on a trademark right or exclusive 
license, or restriction on the disposal thereof.   
   (2) Inheritance of, or other general succession relatin g to a trademark right, exclusive license and/or 
pledge under paragraph (1) of this Article shall be notified without delay to the Commissioner of the 
Korean Intellectual Property Office.      
Article 57 【Non-exclusive License 】   
   
(1) The owner of a trademark right may grant to others a non-exclusive license on his trademark 
right.   
   (2) A non-exclusive licensee who has been granted a non-exclusive license under paragraph (1) of this 
Article shall have the right to use the registered  trademark on the designated goods to the extent 
provided for in the license agreement.      (3) A non-exclusive license may not, except in the case of inheritance or other general succession, be 
transferred without the consent of the owner of th e trademark right (or the owner of the trademark 
right and the exclusive licensee in the case of a non-exclusive license on an exclusive license).   
   (4) A pledge may not be established on a non-excl usive license without the consent of the owner of 
the trademark right (or the owner of the trademark right and the exclusive licensee in the case of a 
non-exclusive license on an exclusive license).     (5) Articles 54(5) and 55(2) and (4) shall apply mutatis mutandis  to non-exclusive licenses.    IP/N/1/KOR/T/2 
 Page 37 
 
 
 Article 57 bis 【Right to Use a Trademark After Expiration of the Term of Patent Right etc. 】 
   
(1) Where a patent right under a patent application f iled prior to or on the filing date of a trademark 
application conflicts with the trademark right unde r said trademark application and the term of the 
patent right has expired, the patentee shall have the ri ght to use within the scope of the original patent 
right the registered trademark or another trademar k similar thereto with respect to the designated 
goods covered by the trademark application or goods similar thereto. However, this provision shall 
apply only where the registered trademark is used without intent to violate the rules of fair competition.      (2) Where a patent right under a patent application f iled prior to or on the filing date of a trademark 
application conflicts with the trademark right unde r said trademark application and the term of the 
patent right has expired, any person who has an exclus ive license with respect to the patent right or a 
non-exclusive license with respect to the patent right or its exclusive license effective under the 
provisions of Article 118(1) of the Patent Law at the time of its expiration shall have the right to use, 
within the scope of the original right, the registered  trademark or another trademark similar thereto on 
the designated goods or goods similar thereto.  Ho wever, this provision shall apply only where the 
registered trademark is used without viol ating the rules of fair competition.   
   (3) A person who has been granted the right to  use a trademark under paragraph (2) shall pay 
reasonable remuneration to the owner of the trademark right or exclusive licensee.   
   
(4) Said owner of the trademark or said exclusiv e licensee may demand a person who has a right to 
use the trademark under paragraph (1) or (2) to make  the necessary indications to prevent confusion 
between the goods of the trademark owner or exclus ive licensee's business and the goods of the other 
person's business.      (5) A right to use a trademark under paragraph (1) or (2) may not, except in cases of inheritance or 
other general succession, be transferred without th e consent of the owner of the trademark or the 
exclusive licensee.      (6) Paragraphs (1) - (5) shall apply mutatis mutandis  where a utility model right, a design right under 
a utility model application, or a design application f iled prior to or on the filing date of a trademark 
application conflict with the trademark right unde r said trademark application and the term of the 
utility model right or the design right has expired.   IP/N/1/KOR/T/2 
Page 38  
 
 Article 58 【Effects of Registration of Non-exclusive License, etc. 】 
   
(1) The following shall have no effect on any third parties unless they are registered:   
  (i) the grant, transfer (except in cases of inheritance or other general succession), modification, 
extinguishment by abandonment of a non-exclusive license, or restriction on the disposal thereof;   
  (ii) the establishment, transfer (except in cases of inheritance or other general succession), 
modification, extinguishment by abandonment of a pledge on a non-exclusive license, or 
restriction on the disposal thereof.   
   (2) Where a non-exclusive license has been register ed, it shall also be effective against any person 
who subsequently acquires the trademar k right or an exclusive license.   
   (3) Inheritance, or other general succession rela ting to a non-exclusive license or a pledge under 
paragraph (1) of this Article shall be notified without delay to the Commissioner of the Korean 
Intellectual Property Office.      
Article 59 【Abandonment of Trademark Right 】   
   
The owner of a trademark right may abandon his trademark right for any one of the designated goods.   
   
Article 60 【Restriction on Abandonment of Trademark Right, etc. 】   
   
(1) The owner of a trademark right cannot abandon his trademark right without the consent of the 
exclusive or non-exclusive licensee(s) or pledgee(s).      (2) An exclusive licensee cannot abandon his exclusiv e license without the consent of the pledgee(s) 
or non-exclusive licensee(s) under Article 55(6).      (3) A non-exclusive licensee cannot abandon his non- exclusive license without the consent of the 
pledgee(s) under Article 57(4).      
 
   IP/N/1/KOR/T/2 
 Page 39 
 
 
 Article 61 【Effect of Abandonment 】   
   
Where a trademark right, an exclusive or non-exclus ive license, or a pledge has been abandoned, the 
trademark right, exclusive or non-exclusive license or pledge shall be extinguished as of the time of 
abandonment.     
 
Article 62 【Pledge】   
   
Where a pledge has been established for the purpo ses of a trademark right or an exclusive or non-
exclusive license, the pledgee may not use the registered trademark.   
   
Article 63 【Subrogation for Right of Pledge 】   
   
A pledge may be exercised in relation to the remune ration provided for under this Law or goods to be 
received for the use of the trademark right; however, an  attachment order shall be obtained prior to the 
payment of the remuneration or the delivery of the goods.   
     
Article 64 【Extinguishment of Trademark Right 】   
   
Where an application for the transfer of the registration of a trademark right is not filed by a successor 
in title within three years following the death of the original owner of the trademark right, such 
trademark right shall be extinguished as of the date following the expiration of three years from the date of the death of the original owner of such trademark right.      
Article 64 bis 【Extinguishment of the Trademark Right in the Absence of Registration 
of the Reclassification of Goods 】   
   
(1) Where any one of the subparagraphs apply, a trademark right covering designated goods of an 
application for registration of the reclassification of  goods shall extinguish on  the expiration date of 
the term of trademark right that is containe d within the time limit prescribed under Article 46 bis(3) 
for registering the reclassification of goods.     
(i) where a person who is entitled to register th e reclassification of goods does not file an 
application to this effect within time limit prescribed under Article 46bis(3);   (ii) where the application to register the reclassification of goods has been withdrawn;   IP/N/1/KOR/T/2 
Page 40  
 
 (iii) where a procedure relating to the reclassifi cation of goods has been invalidated under Article 
16(1) of the Patent Law as applie d under Article 5 of this Law;   
(iv) where a decision to refuse registration of th e reclassification of goods is final and conclusive; 
or   (v) where a trial ruling invalidating registration of the reclassification of goods under Article 
72bis(2) is final and conclusive.   
   (2) A trademark right covering designated goods that  are the object of reclassification of goods but 
not indicated in an application for registration of the under Article 46 bis(2) shall extinguish on the 
date on which the designated goods that are indicat ed in said applicati on are reclassified and 
registered under Article 46 quinquies .    
   
 
CHAPTER VI   
PROTECTION OF OWNER OF TRADEMARK RIGHT   
   
Article 65 【Injunction, etc., Against Infringement 】   
   
(1) The owner of a trademark right or an exclusive licensee may request a person who is infringing or 
is likely to infringe on his trademark right or excl usive license to discontinue or refrain from such 
infringement.      
(2) The owner of a trademark right or exclusive licensee who is acting under paragraph (1) of this 
Article may demand the destruction of the infringing articles, the removal of the facilities used for the 
act of infringement, or other measures n ecessary to prevent the infringement.   
   
Article 66 【Acts Deemed to be Infringement 】   
   
The following acts shall be deemed to be infringement s on a trademark right or an exclusive license:   
  (i) acts of using a trademark identical to th e registered trademark of another person on goods 
identical, or similar to the designated goods, or using a trademark similar to the registered 
trademark of another person on goods identical , or similar to the designated goods;   
  (ii) acts of delivering, selling, counterfeiting, imitating or possessing a trademark identical, similar to 
the registered trademark of another person for the purposes of using or causing a third party to 
use such trademark on goods identical, or similar to the designated goods;    IP/N/1/KOR/T/2 
 Page 41 
 
 
   (iii) acts of manufacturing, delivering, selling or possessing instruments for the purposes of 
counterfeiting or imitating a registered trademark of another person or causing a third party to 
counterfeit or imitate such trademark.   
  (iv) acts of possessing goods to assign or deliver, which are identical, or similar to the designated 
goods on which a trademark identical, or similar to the registered trademark of another person is 
indicated.   
 
Article 67 【Presumption, etc., of Amount of Damage 】   
   
(1) Where the owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed a tr ademark right or exclusive license for damages 
caused by the infringer's transfer of infringing artic les, the amount of damages may be calculated as 
the number of transferred articles multiplied by the pr ofit per unit of the articles that the owner of the 
trademark right or exclusive licensee might have sold in the absence of said infringement.  Provided 
that, said compensation may not exceed an amount calculated as follows: the estimated profit per unit multiplied by the number of articles that the tradem ark right owner or licensee could have produced 
subtracted by the number of artic les actually sold.  However, where the owner of the trademark right 
or exclusive licensee was unable to sell his or he r product for reasons other than infringement, a sum 
calculated according to the number of articles subj ect to said circumstances shall be deducted.   
   (2) Where the owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed on th e trademark right or the exclusive license due to 
damages caused to him by such infringement, the pr ofits gained by the infringer by the infringement 
shall be presumed to be the amount of damage su ffered by the owner of the trademark right or 
exclusive licensee.      (3) Where the owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed the trademark right or exclusive license due to damages caused to him by the infringement, the amount of  money which he would normally be entitled to 
receive for the use of the registered trademark ma y be claimed as the amount of damages suffered by 
him.      (4) Notwithstanding paragraph (3)
 of this Article, where the amount is in excess of the amount 
referred to therein, the amount in excess may also be claimed as compensation for damage. In such 
case, the court may take into consideration whethe r there has been either willfulness or gross IP/N/1/KOR/T/2 
Page 42  
 
 negligence on the part of the person who has infri nged the trademark right or the exclusive license 
when awarding damages.      (5) In litigation relating to the infringement of a tr ademark right or exclusive license, where the court 
recognizes that the nature of the facts of the ca se make it difficult to provide evidence proving the 
amount of damage that has occurred,  notwithstanding paragraphs (1) to  (4), the court may determine a 
reasonable amount on the basis of an examinati on of the evidence and on a review of all the 
arguments.    
Article 68 【Presumption of Intent 】   
   
A person who has infringed a trademark right or an exclusive license on a trademark, marked with an 
indication of trademark registration in accordance w ith Article 90, shall be presumed to have known 
that such a trademark was registered.      
Article 69 【Measures for Recovery of Business Reputation of Owner of    
Trademark Right, etc. 】   
   
Upon request of the owner of a trademark right or an exclusive licensee, the court may, in lieu of 
damages or in addition thereto, order the person who has injured the business reputation of the owner 
of the trademark right or exclusive licensee, by inte ntional or negligent infringement of the trademark 
right or exclusive license, to take necessary measu res to restore the business reputation of the said 
owner or exclusive licensee.      
Article 70 【Submission of Documents 】   
   
In litigation relating to the infringement of a tradem ark right or an exclusive license, the court may, 
upon the request of either party, order the ot her party to submit documents necessary for the 
assessment of damages caused by the infringement. However, this provision shall not apply where the person possessing the documents has justifiable reason for refusing to submit them.      
     
 
    IP/N/1/KOR/T/2 
 Page 43 
 
 
 CHAPTER VII   
TRIAL     
   
Article 70 bis 【Trial against Decision of Refusal 】    
   
Any person dissatisfied with a decision of refusal of registration of a trademark, a decision of refusal 
of supplementary registration of designated goods, a d ecision of refusal of registration of a renewal of 
term of a trademark right, or a decision of re fusal of registration of the goods reclassification 
(hereinafter referred to as "decision of refusal") may make a request for trial within thirty days from 
the date of receipt of a certified copy of the decision of refusal.      
Article 70 ter   
【Trial against Decision of Rejection of Amendment 】   
   
Any person dissatisfied with a decision of rejecti on of amendment under Article 17(1) may request a 
trial within thirty days from the date of r eceipt of a certified copy of the decision.   
   
Article 71 【Invalidation Trial of Trademark Registration 】   
   
(1) In the following cases, an interested person or an examiner may demand a trial to invalidate the 
registration of a trademark or the supplementary re gistration of designated goods. In such a case, if 
two or more designated goods are covered by the trad emark registration, a request for an invalidation 
trial may be made for each of the designated goods:   
  (i) the registration is in breach of the provisi ons of Article 3, Articles 6 - 8, or 12(2) (second 
sentence), (5), and (7) - (9) or Article 23(1)(iv) of the Trademark Law or in breach of Article 25 
of the Patent Law which is made applicable  under Article 5 of the Trademark Law;   
  (ii) the registration has been effected in violation of a treaty;     (iii) the registration has been effected on the basi s of an application filed by a person who is not a 
successor in title to the right deriving from the trademark application;   
  (iv) following registration, the owner of the trad emark right is no longer capable of enjoying such 
right under Article 25 of the Patent Law that is made applicable under Article 5 of the Trademark 
Law, or the registration no longer complies with a treaty.   
  (v) following registration, the registered tradem ark falls under any one of subparagraphs of Article 
6(1) (except where Article 6(2) applies).   IP/N/1/KOR/T/2 
Page 44  
 
   (2) A trial for invalidation under paragraph (1) ma y be requested even after the extinguishment of a 
trademark right.      (3) Where a trial decision invalidating a trademark registration has become final and conclusive, the 
trademark right shall be deemed never to have ex isted; however, where a trial decision invalidating a 
trademark right has become final and conclusive unde r paragraph (1)(iv) or (v) of this Article, the 
trademark right shall be deemed not to have existe d from the time when the trademark registration is 
made applicable under the said paragraph.      (4) In applying the proviso of Article 3, where th e exact time when a registered trademark falls under 
paragraph (1)(iv) or (v) cannot be specified, the pres ent trademark right shall be deemed not to have 
existed from the date on which a request for an i nvalidation trial under para graph (1) is made known 
to the public.       (5) Where a trial under paragraph (1) of this Article  has been requested, the presiding trial examiner 
shall notify the exclusive licensee of  the trademark right, and other persons who have any registered 
rights relating to the trademark, regarding the subject of the request.      
Article 72 【Invalidation Trial of Registration for Renewal of    
Term of Trademark Right 】   
   
(1) In the following cases, an interested person or an  examiner may request a trial to invalidate the 
registration for the renewal of term of a trademark right. In such a case, if two or more designated goods are covered by the renewed registered tradem ark, a request for an invalidation trial may be 
made for each of the designated goods:        (i) deleted.      (ii) the registration for the renewal has been effected contrary to Article 43(2);     (iii) the registration for the renewal has been a pplied for by a person who is not the owner of the 
trademark right concerned.   
   (2) A trial for invalidation under paragraph (1) of this Article may be requested after the extinguishment of a trademark right.       IP/N/1/KOR/T/2 
 Page 45 
 
 
 (3) Where a trial decision invalidating the registration for the renewal of term of a trademark right has 
become final and conclusive, the registration for the renewal of term shall be  deemed never to have 
existed.      (4) Article 71(4) shall apply mutatis mutandis  to the request for an invalidation trial under paragraph 
(1) of this Article.      
Article 72 bis 【Invalidation Trial of a Registration for the Reclassification of Goods 】   
   
(1) An interested person or an examiner may re quest a trial to invalidate a registration of the 
reclassification of goods where any of the following subparagraphs apply.  In such a case, if two or 
more designated goods relating to the registration fo r the reclassification of goods exist, a request for 
an invalidation trial may be made for each of the designated goods:      (i) where the registration of the reclassification of goods has been granted for designated goods not covered by the present registered trademark or wh ere the scope of the designated goods has been 
expanded;   (ii) where an application to register the reclassifi cation of goods has been filed by a person who is not 
the owner of the concerned trademark right; or   (iii) where the registration for the reclassification of  goods has been effectuated in violation of Article 
46bis(3).   
   (2) Article 71(2) and (5) shall apply mutatis mutandis to an invalidation trial against a registration of 
the reclassification of goods.      (3) Where a trial decision invalidating a registration of the reclassification of goods has become final 
and conclusive, the registration of the reclassification of  goods shall be deemed to have never existed.   
   
Article 73 【Trial for Cancellation of Trademark Registration 】   
   
(1) A trial may be requested for cancellation of a registration of a trademark if the registered 
trademark falls under any one of the following subparagraphs:   
  (i) deleted.      (ii) the owner of the trademark right intentionall y uses a trademark similar to the registered mark on 
the designated goods or uses the registered tradem ark, or a trademark similar thereto, on goods IP/N/1/KOR/T/2 
Page 46  
 
 similar to the designated goods in a manner whic h may be misleading as to the quality of the 
goods or which is liable to cause confusion with  regards to the goods another person.   
  (iii) the owner of the trademark right or the exclusive or non-exclusive licensee has not been 
continuously using the registered trademark for a period in excess of three years prior to the date 
of the trial for cancellation for the designated goods  in the Republic of Korea and no justifiable 
reasons exist for such non-use;   
  (iv) it is contrary to Article 54(1) (second sentence), (5), (7) - (9);     (v) a member of an association allows a third pa rty to use its collective mark in violation of the 
provisions of the statutes of the association;   
  (vi) when a concern exists that a collective mark will mislead consumers as to the quality of goods, 
or cause confusion among consumers with respect to the goods of another person's business due 
to a change of the statutes of the association under Article 9(3);   
  (vii) a trademark falling under Article 23(1)(iii) ha s been registered and the owner of the original 
trademark requests a trial for cancellation within fi ve years from the date of registration of such 
trademark; or   
  (viii) the exclusive or non-excl usive licensee uses the registered trademark, or a similar trademark, 
on the designated goods or goods similar thereto, in  a manner that is liable to mislead consumers 
as to the quality of the goods or to cause conf usion among consumers with respect to the goods 
of another person's business; however, this provision  shall not apply in the event the owner of the 
trademark right has taken reasonable care.   
  (ix) similar trademarks belong to different pers ons having a trademark right due to assignments of a 
trademark right, and one of them misleads consumers as to the quality of goods or causes consumer confusion with resp ect to goods of another person by using his own registered 
trademark upon goods identical, or similar to the designated goods of his own registered 
trademark for the purposes of practicing unfair competition.   
  (2) Deleted.       (3) Where a trial for cancellation is requested for reas ons referred to under pa ragraph (1)(iii) of this 
Article, a trial for cancellation may be requested fo r a part of the designated goods if the designated 
goods covered by the registered trademark are two or more.      (4) Where a trial for cancellation is requested for reas ons referred to under pa ragraph (1)(iii) of this 
Article the owner of the trademark right shall not avoid the cancellation of the registration of the  IP/N/1/KOR/T/2 
 Page 47 
 
 
 trademark for the designated goods if the defendant cannot prove that the registered trademark has 
been used in the Republic of Korea within three years prior to the date of the request for trial on one 
or more of the designated goods in connection with  the request; however, this provision shall not 
apply where the defendant can provide a justifiabl e reason for the failure to use the registered 
trademark.      (5) The reasons for cancellation referred to in paragraph (1) (ii), (iii), (v), (vi), (viii), or (ix) shall not 
be affected even when the facts giving rise to th e request for a cancellation trial no longer exist after 
the request for trial is made.      (6) A trial for cancellation under paragraph (1) of this  Article may be requested only by an interested 
person, except that a trial requested for reasons referr ed to under paragraph (1)(ii), (vi), (viii) or (ix) 
may be requested by any person.   (7) Where a trial decision ordering the cancellation of a trademark registration has become final and conclusive, the trademark right shall become extinguished from that date.      (8) Article 71(4) shall apply mutatis mutandis  to the request for a trial under paragraph (1) of this 
Article.    
Article 74 【Trial for Cancellation of Registration of Exclusive or  
Non-exclusive License 】   
   
(1) Where the exclusive or non-exclusive license e performs an act referred to under Article 
73(1)(viii), a trial for cancellation of the registration of the exclusive or non-exclusive license may be 
requested.      (2) The reasons for cancellation shall not be affected even when the facts giving rise to the request for 
a cancellation trial no longer exist after the request fo r trial for cancellation of the registration of an 
exclusive or non-exclusive license is made under paragraph (1) of this Article.   
   (3) Any person may request a trial for cancellati on of an exclusive or non-exclusive license under 
paragraph (1) of this Article.      IP/N/1/KOR/T/2 
Page 48  
 
 (4) Where a trial decision ordering the cancellation of  the registration of an exclusive or non-exclusive 
license has become final and conclusive, the ex clusive or non-exclusive license shall become 
extinguished from that date.      (5) Where a trial under paragraph (1) of this Article  has been requested, the presiding trial examiner 
shall notify the non-exclusive licensee and other persons  who have any registered rights relating to the 
trademark right and the persons w ho have any registered right with respect to the exclusive or non-
exclusive license of the demand.      
Article 75 【Trial to Confirm Scope of Trademark Right 】   
   
The owner of a trademark right or an interested pe rson may request a trial to confirm the scope of a 
trademark right.      
Article 76 【Statute of Limitation 】   
   
(1) A trial for invalidation of a trademark registrati on, a registration to renew the term of a trademark 
right, and a registration of the reclassification of goo ds under Articles 7(1)(vi) to (ix), and (xiv), 8, 
72(1)(ii), and 72bis(1)(iii) shall not be requested af ter five years from the registration date of the 
trademark, from the registration date of the renewal of the term of the trademark right or from the 
registration date of the reclassification of goods.       (2) A trial for cancellation of a trademark registrati on and of the registration of an exclusive or non-
exclusive license under Articles 73 (1) (ii), (v), (vi), (viii) and (ix) and 74(1) shall not be requested 
after three years from the date on which the alleged facts have ceased to exist.   
   
Article  77 【Mutatis Mutandis  Application of Provisions    
of the Patent Law 】   
 
Articles 139, 140, 141 to 153, 153 bis and 154 to 166 of the Patent Law shall apply mutatis mutandis  
to trials.  In such cases, "an invalidation trial unde r Article 133(1), 134(1) or 137(1)" in Article 139(1) 
of the Patent Law shall read "an invalid ation trial under Article 71(1), 72(1) and 72 bis(1), a 
cancellation trial under Article 73(1)", "a trial for invalidating a patent Article 133(1)" in Article 
161(2) of the Patent Law shall read "an inva lidation trial under Article 71(1), 72(1) and 72 bis(1), a 
cancellation trial under Article 73(3) ", "Article 133(1), 134(1), 135 a nd 137(1)" in Article 165(1) of  IP/N/1/KOR/T/2 
 Page 49 
 
 
 the Patent Law shall read "Article 71(1), 72(1), 72 bis(1), 73(1) and 75", and "Article 132 ter, 136 or 
138" in Article 165(3) of the Pate nt Law shall read "Article 70 bis or 70 ter".   
   
Article 78 Deleted    
     
Article 79 【Formal Requirements for Requesting a Tr ial Against Examiner's Decision of 
Refusal or the Decision of Rejection of Amendment 】   
   
(1) A person who requests a trial against an ex aminer's decision of refusal under Article 70 bis or a 
trial against the decision of rejection of amendment under Article 70 ter shall submit his request in 
writing to the President of the Intellectual Property Tribunal stating the following:   
  (i) the name and domicile of the parties (if a legal entity, the title, the place of business);     (ibis) where the agent exists, the name  of the agent and the domicile or place of business of the agent 
(if the agent is a patent corporation, the title, th e place of office and the name of the designated 
patent attorney);       
  (ii) the number and date of the applicati on which is the subject of the rejection;   
  (iii) the designated goods and the classes of the goods;   
  (iv) the date of the examiner's decision of refusal or rejection of an amendment;   
  (v) the identification number of the trial case;     (vi) the purpose and reasons for the request; and     (vii) deleted.   
   (2) Where a trial against an examiner's decisi on of refusal has been requested under Article 70 bis, the 
President of the Intellectual Property Tribunal shall notify the opponent of the request for the trial if 
the decision of refusal was rendered on the basis of an opposition to the trademark registration. 
   
Article 80 Deleted    
   
Article 81 【Mutatis Mutandis  Application of Provisions Concerning    
Examination in the Trial against the Decision of Refusal 】 
   
(1) Articles 15, 17, 18, 23(2), 24 to 30, 45(2), 46 quater (2) and 48(2) shall apply mutatis mutandis  to a 
trial against a decision of refusal; however, Artic le 24 shall not apply where an application for IP/N/1/KOR/T/2 
Page 50  
 
 trademark registration or supplementary regist ration of designated goods have already been 
published.      (2) In the case of Article 17 being applied under paragr aph (1) of this Article, "where an applicant has 
requested a trial against the decision of rejection of amendment under Article 70 ter" in Article 17(3) 
shall mean "where a lawsuit is brought under Ar ticle 186(1) of the Pate nt Law as applied under 
Article 86(2) of the Trademark Law"; and "until the trial decision of the trial has become final and 
conclusive" shall mean "until the judgement  has become final and conclusive".   
   (3) Article 17(4) to (6), 23(2), 45(2) 46 quater (2) and 48(2) applied under para graph (1) of this Article 
shall apply mutatis mutandis  where reasons for refusal other than  those which were contained in the 
decision of refusal are found.    
Article 82 【Special Provisions of Trial against the Decision of Refusal or    
the Decision of Rejection of Amendment 】   
   
(1) Articles 172 and 176 of the Patent Law shall apply mutatis mutandis  to the trial on the decision of 
refusal and the decision of rejection of amendment. In this case, "132 ter" in Article 176(1) of the 
Patent Law shall read "70 bis or 70 ter" and "ruling of refusal to grant a patent, refusal to grant an 
extension of term of a patent right, or revocation of  a patent" in Article 176(1) of the Patent Law shall 
read "decision of refusal or decision of rejection of amendment".      (2) Articles 147 (1) and (2), 155 and 156 of the Patent Law which are applicable mutatis mutandis  
under Article 77 shall not apply to the trial against the decision of refusal as referred to in Article 
70bis and the decision of rejection of am endment as referred to in Article 70 ter. 
  
   
   
CHAPTER VIII   
RETRIAL AND LITIGATION    
   
Article 83 【Request for Retrial 】   
   
(1) Any party may request a retrial against a trial decision which has become final and conclusive.   
   (2) Articles 422 and 424 of the Code of Civil Procedure shall apply mutatis mutandis  to the request 
for a retrial under paragraph (1) of this Article.    IP/N/1/KOR/T/2 
 Page 51 
 
 
 Article 84 【Request for Retrial on Account of Collusion 】 
   
(1) Where the parties to a trial acted in collusion to cause a trial ruling to be rendered for the purpose 
of injuring the rights or interests of a third person, such third person may request a retrial against the trial ruling which has become final and conclusive.       (2) In such a retrial, the parties to the ini tial trial shall be made joint defendants.   
   
Article 85 【Restriction on the Effects of Trademark Rights    
Restored by Retrial 】   
   
The effects of a trademark right shall not extend to  the good-faith use of a trademark identical with 
the registered trademark on goods identical with the designated goods and the acts referred to in 
Article 66(i) to (iv), after the decision concerned became final and conclusive However before the 
request for retrial has been registered, where:   
  (i) the trademark registration or the registration fo r renewal of term of the trademark right which was 
invalidated has been restored by a retrial;   
  (ii) the trademark registration that had been cancelled has been restored by a retrial; or   
  (iii) after a trial decision that a product was outside  the scope of the trademark right became final and 
conclusive, a decision to the contrary has been rendered at a retrial.   
   
Article 86 【Mutatis Mutandis  Application of Provisions of    
the Patent Law 】   
   
(1) Articles 180 and 184 of the Patent Law and Arti cle 429(1) of the Code of Civil Procedure shall 
apply mutatis mutandis  to procedures and requests for a retrial.   
   (2) Articles 186 to 188 and 189 of  the Patent Law shall apply mutatis mutandis  to litigation under the 
Trademark Law.  Where Article 186(1) of the Patent  Law applies, "action against a trial decision" 
shall mean "action against a trial decision and deci sion of rejection of amendment under Article 17(1) 
as applied under Article 81(1) (including Article 184 of the Patent Law as applied under 86(1))" and 
"Articles 133(1), 134(1), 135(1), 137(1), (3) and 138(1) " in the provisions of Article 187 of the Patent 
Law shall mean "Articles 71(1), 72(1), 72 bis(1), 73(1) and (2), 74(1) and 75".  IP/N/1/KOR/T/2 
Page 52  
 
 CHAPTER VIII bis 
 
International Application under the Protocol  
 
Part I International Application etc.  
 
Article 86 bis【International Application 】 
 
A person who desires to seek an international registra tion (hereinafter referred to as an "international 
registration") as referred to in Article 2(1) of th e Protocol shall file with the Commissioner of the 
Korean Intellectual Property Office an interna tional application on the basis of a trademark 
registration or an application for trademark re gistration that falls under any of the following 
subparagraphs:    
  (i) the applicant's application for trademark registration;   
  (ii) the applicant's trademark registration; or     (iii) the applicant's application for trademar k registration and his trademark registration.   
 
Article 86 ter  【Entitlement to File 】  
 
(1) A Person who falls under any of the following subp aragraphs may file an international application 
with the Commissioner of the Korean Intellectual Property Office:    
  (i) a national of the Republic of Korea; or   
  (ii) a person who is domiciled (or, if a legal entity , it has a real and effective industrial or commercial 
establishment) in the territory of the Republic of Korea:   
 
(2) Where two or more persons jointly file an international application, they shall meet the 
requirements for an entitlement to file as prescribed by the Ordinance of the Ministry of Commerce, 
Industry and Energy.    
Article 86 quater【Procedure for an International Application 】   
 
(1) A person desiring to file an international a pplication shall submit to the Commissioner of the 
Korean Intellectual Property Office a request for an international application and the documents 
necessary for an international application, which ar e to be prepared in a language prescribed by the  IP/N/1/KOR/T/2 
 Page 53 
 
 
 Ordinance of the Ministry of Commerce, Industr y and Energy(hereinafter said request for an 
international application shall be  referred to as a " request for an  international application"). 
 (2) The following particulars shall be indicated in a request for an international application:   
 
  (i) the name and domicile of the applicant (if the applicant is a legal entity, the title and real and 
effective industrial or commercial establishment);   
  (ii) indications concerning entitlement to file under Article 83 ter;   
  (iii) the names of the Cc
ontracting States (including inter-govern mental organizations, hereinafter 
referred to as "the designated states") where protection for the trademark is secured;   
  (iv) the filing date and the application number of the basic application under Article 2(1) of the 
Protocol (hereinafter referred to as “the basi c application”) or the registration date and the 
registration number of the basic registration unde r Article 2(1) of the Protocol (hereinafter 
referred to as “the basic registration”);   
  (v) the trademark for which international registration is sought;     (vi) goods for which international registra tion is sought and the classes of the goods; and   
  (vii) the other particulars prescribed by 
the Ordinance of the Ministry of Commerce, Industry 
and Energy.   
 
(3) If a person desiring to file an international app lication claims color as a distinctive feature of his 
trademark, he shall be required to state the fact and to file with a request for an international 
application a notice specifying the color or the co mbination of colors claimed, and he shall be 
required to append to a request for an internationa l application copies of said trademark in color. 
 
Article 86 quinquies 【Examination of the Particulars in an International Application, etc. 】 
 
(1) Where the particulars appearing in a request fo r an international application correspond to the 
particulars appearing in the basic application or  the basic registration, the Commissioner of the 
Korean Intellectual Property Office shall indicate in the request for an international application an 
acknowledgement of the correspondence and the date of  receipt of the request for an international 
application.    
(2) After indicating the date of receipt, etc. unde r Paragraph (1), the Commissioner of the Korean 
Intellectual Property Office shall transmit promptly th e request for an international application and the 
documents necessary for the international applicati on to the International Bureau as prescribed under IP/N/1/KOR/T/2 
Page 54  
 
 Article 2(1) of the Protocol (hereinafter referred to as "the International Bureau") and a copy of the 
request for an international application to the applicant.    
Article 86 sexies【Subsequent Designation 】   
 
(1) If the holder of an international registrati on desires to designate additional states or inter-
governmental organizations where the protection of the internationally registered mark is sought 
(hereinafter referred to as a
 "subsequent designation"), he may present a request for a  subsequent 
designation to the Commissioner of the Korean In tellectual Property Office as provided for by the 
Ordinance of the Ministry of Commerce, Industry and Energy.    (2) For the purpose of Paragraph (1), the holder of an international registration may request  
subsequent designation in respect of all or some of the goods of the internationally registered 
trademark.    
Article 86 septies【Renewal of Term 】   
 
(1) The holder of the international registration may re new the term of the international registration for 
an additional period of 10 years.    
(2) A person who desires to renew the term of th e international registrati on under Paragraph (1) may 
present a request for renewal of the term of the international registration to the Commissioner of Korean Intellectual Property Office as provided for under the Ordinance of the Ministry of 
Commerce, Industry and Energy.    
Article 86 octies【Recordal of Change in the Ownership of an Ii
nternational Registration 】 
 
(1) The holder of the international registration or his assignee may change the ownership of the 
international registration in respect of all or some  of the designated goods or the designated states.   
 (2) A person who desires to change the ownership of  the international registration under Paragraph (1) 
may present a request for recordal of a
 change in the ownership of the international registration to the 
Commissioner of Korean Intellectual Property as pre scribed under the Ordinance of the Ministry of 
Commerce, Industry and Energy.    
  IP/N/1/KOR/T/2 
 Page 55 
 
 
 Article 86 novies【Payment of Official Fees 】   
 
(1) A Person who falls under any of the following s ubparagraphs shall pay the official fees to the 
Commissioner of the Korean Intellectual Property Office.   
  (i) a person who desires to file an international application;     (ii) a person who desires to request subsequent designation;     (iii) a person who desires to request renewal of  the term of the intern ational registration under 
Article 87 septies ; or   
  (iv) a person who desires to request 
recordal of a change in the ownership of the international 
registration under Article 87 octies .   
 (2) Matters necessary for the official fees, the proc edures, the time limit for the payment of the fees, 
etc. under Paragraph (1) shall be prescribed by the Ordinance of the Ministry of Commerce, Industry 
and Energy.    
Article 86 decies【Amendment concerning Non-payment of Official Fees 】   
 
Where a person who falls under any of  the subparagraphs of Article 86 novies (1) has not paid the 
official fees required under Article 86 novies (2), the Commissioner of the Korean Intellectual Property 
Office may invite that person to pay the offi cial fees within a designated time limit.   
 
Article 86 undecies【Invalidation of Procedure 】   
 
Where a person who has been invited to pay the official fees under Article 86 decies  fails to pay the 
official fees within the designated time limit, the Commissioner of the Korean Intellectual Property 
Office may invalidate said procedure.    
Article 86 duodecies 【Recordal of Change in the Matters concerning an International 
Registration, etc. 】   
 
A request for recordal of a change in the matter s concerning an international registration or any to
 
other matters necessary for an international applica tion shall be prescribed under the Ordinance of the 
Ministry of Commerce, Industry and Energy.    IP/N/1/KOR/T/2 
Page 56  
 
 Article 86 terdecies【Exclusion for Business Emblem 】   
 
The provisions of Articles 86 bis to 86 duodecies  shall not apply to a business emblems
.   
 
 
Part II. Special Provisions on an Internatio nal Application for trademark Registration   
 
Article 86 quaterdecies 【 International Application for Trademark Registration 】   
 
(1) An international application that has been regi stered internationally under the Protocol and that 
designates the Republic of Korea as a designa ted State (including subsequent designations ) shall be 
considered to be an application for trademark registration under this Law. 
 (2) For the purpose of Paragraph (1), the date of an  international registration under Article 3(4) of the 
Protocol (hereinafter referred to as "the date of th e international registration") shall be considered to 
be the filing date of the application for trademark registration under this Law. However, in the event 
of an international application that subsequent ly designates the Republic of Korea, the date 
(hereinafter referred to as "the date of subseque nt designation") on which the subsequent designation 
is recorded in the International Register (which is defined in Article 2(1) of  the Protocol. Hereinafter 
referred to as “the International Register”) shall be considered to be the filing date of the application 
for trademark registration under this Law.   (3) In the event of an international application whic h is considered to be an application for trademark 
registration under Paragraph (1) (Herei nafter referred to as an “international application for trademark 
registration”), the name and domicile of the owner of the international registration (if a legal entity, its 
title and place of business), the trademark, the desi gnated goods and the classification(s) thereof that 
are recorded in the Internationa l Register shall be deemed to be the name and domicile of the 
applicant (if a legal entity, its title and place of bus iness), the trademark, the designated goods and the 
classification(s) thereof, respectively, under this Law.    
Article 86 quindecies 【Special Provision on Business Emblem 】   
 
The provisions for a business emblems
 shall not apply to an interna tional application for trademark 
registration.    
  IP/N/1/KOR/T/2 
 Page 57 
 
 
 Article 86 sedecies【Special Provisions on an International Application for trademark 
Registration 】   
 
(1) In applying this Law to an international appli cation for trademark registration, the purport of the 
priority claim, the name of the co untry in which the prior application was filed, and the filing date of 
the prior application recorded in the International Re gister shall be deemed to be the purport of the 
priority claim, the name of the co untry in which the prior application was filed, and the filing date of 
the prior application that are indicated in th e application for trademark registration.   
 (2) In applying this Law to an international app lication for trademark registration, the purport of a 
three-dimensional trademark that is recorded in the International Register shall be deemed to be the 
purport of a three-dimensional trademark that is  indicated in the application for trademark 
registration.    (3) A person who desires to obtain registration fo r a collective mark shall submit the articles of 
association prescribed in Article 9(3) within the time limit fixed by the Ordinance of the Ministry of 
Commerce, Industry and Energy.    
Article 86 septiesdecies 【Effect of an International Application for Trademark Registration 
where a Trademark Has Been Registered Domestically  
 
(1) Where the a
 holder of a trademark right that has been registered in the Republic of Korea 
(excluding trademarks registered resulting from  an international application for trademark 
registration.  Hereinafter referred to in this Article  as a "domestically registered trademark") files an 
international application for tradem ark registration, if all the followi ng subparagraphs are fulfilled, the 
international application for trademar k registration shall be deemed to be  filed on the filing date of the 
application for trademark registration concerning said domestically registered trademark with respect to the overlapping scope of designated goods:   
  (i) the trademark registered in the Internationa l Register resulting from an international application 
for trademark registration (Hereinafter referred to as a “internationally registered trademark”) shall be identical to the domestically registered trademark;   
  (ii) the holder of the internationally registered  trademark shall be identical to the holder of the 
domestically registered trademark;   IP/N/1/KOR/T/2 
Page 58  
 
   (iii) all the designated goods listed in of
 the domestically registered trademark shall be included as 
the designated goods of the internati onally registered trademark; and   
  (iv) territorial extension under Article 3(3) of the Protocol shall take effect after the registration date 
of the domestically registered trademark:   
 (2) Where the priority under the Treaty for the application for trad emark registration related to the 
domestically registered trademark under Paragraph (1) is recognized, the priority shall also be 
recognized with regard to the international app lication for trademark registration under the same 
paragraph.    (3) Where the right of the domestically registered tr ademark is cancelled or extinguished under any of 
the following subparagraphs, the effect of the c oncerned international application for trademark 
registration under Paragraphs (1) and (2) shall not be recognized within the same scope of the 
designated goods of the cancelled or extinguished trademark right.    
(i) Where a trial decision canceling the trademark registration under Article 73(1)(ii), 73(1)(iii), 
and 73(1)(v) to 73(1)(ix) has become final and conclusive; or   (ii) Where a trial for the cancellation of a trad emark registration is requested under Articles 
73(1)(ii), 73(1)(iii), and 73(1)(v) to 73(1)(ix), an d the trademark right has become extinguished 
due to the expiration of the trademark term or  to the abandonment of some of the trademark 
rights or designated goods after the request date of the trial for cancellation.     
   
Article 86 duodevicies  【Special Provisions for Transfer and Partial Assignment of Application 
for Registration of a Trademark, etc. 】   
 
(1) For the purpose of Article 12(1) concerning an international applications for trademark 
registration, "except in cases of inheritance or othe r general succession, shall not be effective against 
third parties without recordation of the change" in  Article 12(1) shall read "shall not be effective 
against third parties without recordation of the change in the International Bureau". 
 (2) Where all or some of the designated goods of th e international registration have been transferred 
separately by the change in the ownership of th e international registration, each international 
application for trademark registration shall be deemed  to have been filed by each changed holder of 
the international registration.     IP/N/1/KOR/T/2 
 Page 59 
 
 
 (3) Article 12(4) shall not apply to an international applications  for trademark registration.   
 
Article 86 undevicies  【Special Provisions for Amendment 】   
 
(1) For the purpose of Article 14(1) for an international applications  for trademark registration, "the 
trademark or the list of designated goods in the app lication for trademark registration" in Article 14(1) 
shall read "the list of designated goods in the a pplication for trademark registration only when the 
applicant has been notified of the reasons for refusal under Article 23(2)".   
(2) For the purpose of Article 15 for an international applications  for trademark registration, "the 
designated goods and/or the specimen" in Artic le 15 shall read "the designated goods".   
(3) Article 16(1)(iv) shall not apply to an intern ational application for trademark registration.   
(4) For the purpose of Article 16(2) or (3) for an international applications  for trademark registration, 
"an application for trademark registration or designa ted goods" in Article 16(2) or (3) shall read "the 
designated goods".    
Article 86 vicies  【Special Provisions for Division of applications 】   
 
Article 18 shall not apply to an internationa l application for trademark registration.   
 
Article 86 unvicies  【Special Provisions for Conversion of applications 】   
 
Article 19(1) to (4) shall not appl y to an international applications
 for trademark registration.   
 
Article 86 duovicies  【Special Provisions for Priority Claim under the Paris Convention 】   
 
Article 20(4) and (5) shall not apply to the case where an applicant of an international application for 
trademark registration claims priority under the Paris Convention.   
 
Article 86 tervicies  【Special Provisions as to the Time of Filing an Application 】   
 
For the purpose of Article 21(2) for an international applications  for trademark registration, "submit a 
written statement to that effect in conjunction with  his application for trademark registration to the 
Commissioner of the Korean Intellectual Property Office, to whom such person shall also submit 
within thirty days from the filing date of the app lication a document proving the relevant facts" in 
Article 21(2) shall read "submit a written statement to that effect and a document proving the relevant IP/N/1/KOR/T/2 
Page 60  
 
 facts to the Commissioner of the Korean Intellectual Property Office within the time limits prescribed 
by the Ordinance of the Ministry of Commerce, Industry and Energy".    
Article 86 quatervicies  【Special Provisions for Publication of Application 】   
 
For the purpose of Article 24(1) for an international applications
 for trademark registration, "Where 
an examiner finds no grounds for rejecting an applic ation for trademark registration" in Article 24(1) 
shall read "Where an examiner finds no grounds for rejecting an application for trademark registration 
within time limits prescribed by the Ordinance of th e Ministry of Commerce, Industry and Energy".   
 
Article 86 quinvicies  【Special Provisions for the Right to  Demand Compensation for Losses 】 
 
For the purpose of the proviso of Article 24 bis(1) for an international applications  for trademark 
registration, "a copy of said application for trad emark registration" in the proviso of Article 24 bis(1) 
shall read " a copy of said international application".    
Article 86 sevicies  【Special Provision0s for Opposition to Trademark Registration 】   
 
For the purpose of the proviso of Article 25( 2)(ii) for an international applications
 for trademark 
registration, "serial number of the application for th e trademark registration" in Article 25(2)(ii) shall 
read "international registration number of an intern ational application for trademark registration".   
 
Article 86 septiesvicies  【Special Provisions for Decision of registration of Trademark 】   
 
For the purpose of the proviso of Article 25( 2)(ii) for an international applications  for trademark 
registration, "cannot find any reasons for refusing an application for the registration of a trademark" in 
Article 30 shall read "cannot find any reasons for refusing an application for the registration of a 
trademark within time limits prescribed by the Ordi nance of the Ministry of Commerce, Industry and 
Energy".    
Article 86 duodetricies  【Special Provisions for Trademark Registration Fees 】   
 
(1) A person desiring to file an international app lication for trademark registration or to renew the 
term of a trademark right that has been registered under Article 86 untricies  (hereinafter referred to as 
a "trademark right based on the international regi stration") shall pay the individual fee under Article 
8(7)(a) of the Protocol to the International Bureau.    IP/N/1/KOR/T/2 
 Page 61 
 
 
 (2) Matters related to the payment of individual fees under paragraph (1) of this Article shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.    (3) Article 34 to 36 bis shall not apply to an international applications
 for trademark registrations or to 
a trademark rights  based on the an  international registration.   
 
Article 86 undetricies  【Special Provisions for Refund of Trademark Registration Fees, etc. 】   
 
For the purpose of the proviso of Article 38(1) for an international applications  for trademark 
registration, "Trademark registration fees and offici al fees which have been paid" in Article 38(1) 
shall read "official fees which have been paid", and "fees" in the proviso of said paragraph and in 
paragraphs (2) and (3) of said Article shall read "official fees".    
Article 86 tricies  【Special Provisions for Registration in Trademark Register 】   
 
(1) For the purpose of Article 39(1 )(i) for a trademark right based on  the international registration, 
"the establishment, transfer, modification, expirati on, renewal of term, conversion of the classification 
of goods under Article 46bis, supplementary regi stration of designated goods or restriction on 
disposal, of a trademark rights
" in Article 39(1)(i) shall read "the establishment or restriction on 
disposal, of a trademark right".    (2) The transfer, modification, expiration or renewa l of the term of a trademark right based on the 
international registration shall be based on the registration of the International Register.   
 
Article 86 untricies  【Special Provisions for Registration of Establishment of Trademark 
Right】 
 
For the purpose of Article 41(2) fF
or an international applications for trademark registration, “When 
the trademark registration fees have been paid in acc ordance with Article 34(1)" in Article 41(2) shall 
read "When the decision on the registration of the trademark has been rendered".   
 
 
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 Article 86 duotricies  【Special Provisions for Term of a Trademark Right 】 
 
(1) The term of a trademark right based on the inte rnational registration shall be from the date of 
registration of its establishment under Article 86 untricies  to the expiry of a period of ten years from 
the date of the international registration.  (2) The term of a trademark right based on the inte rnational registration may be renewed for a period 
of an additional ten years upon renewal of th e term of the international registration. 
 (3) Where the term of a trademark right based on the international registration has been renewed 
under paragraph (2), the term of a trademark right  based on the international registration shall be 
deemed to have been renewed at the time of expiry of said term. 
 (4) Article 42 to 46 quinquies , 49(1) and (2) and 64 bis shall not apply to a trademark rights 
based on 
the international registration.  
Article 86 tertricies  【Special Provisions for Application for Supplementary Registration of 
Designated Goods 】   
 
Article 49(3) shall not apply to an internationa l application for trademark registration or to a 
trademark rights
 based on the international registration.   
 
Article 86 quatertricies  【Special Provisions for Division of Trademark Right 】   
 
Article 54 bis shall not apply to a trademark right b ased on the international registration.   
 
Article 86 quintricies  【Special Provisions for Effects of Trademark Right 】   
 
(1) The transfer, modification, expiration by abandon ment or renewal of a term of a trademark rights 
based on an international registration shall be of no  effect unless it is recorded in the International 
Register.    (2) Article 56(1)(i) (excluding the part relating to the restriction on disposal) shall not apply to a 
trademark right based on the international registration.   
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 (3) For the purpose of Article 56(2)  for a trademark right based on th e international registration, "a 
trademark right, exclusive license" in Article 56(2) shall read "an exclusive license".   
 
Article 86 setricies  【Effects of Cancellation of an International Registration 】   
 
(1) Where all or part of an international regi stration on which an international application for 
trademark registration is based has been cancelle d, the international application for trademark 
registration shall be deemed to have been withdrawn in respect of all or some of the designated goods 
to the extent of which the internati onal registration has been cancelled.   
 (2) Where all or part of the international regi stration on which a trademark right based on the 
international registration is based has been cancelle d, the trademark right shall be deemed to have 
been extinguished in respect of all or some of  the designated goods to the extent of which the 
international registration has been cancelled.     (3) The effects under paragraph (1) or (2) sha ll enter into force from the date on which the 
international registration in the Interna tional Register has been cancelled.   
   
Article 86 septiestricies  【Special Provision on Abandonment of a Trademark Right 】   
 
(1) Article 60(1) shall not apply to a trademark right based on the international registration.   
 (2) For the purpose of Article 61 for a trademark right based on the international registration "a 
trademark right, an exclusive" under Article 61 shall read "an exclusive" respectively.    
Article 86 duodequadragies  【Special Provision on Invalidation Trial of Registration for 
Renewal of Term of Trademark Right 】   
   
Article 72 and 72 bis shall not apply to a trademark right b ased on the international registration.   
 
 
 
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 Part III. Special Provisions on an Application for Trademark Registration   
 
Article 86 undequadragies  【Special Provisions on an Application for Trademark Registration 
after Cancellation of the an
 International Registration 】   
 
(1) Where the international registration of the trad emark which is the subject of the international 
registration designating (including subsequent designa tions) the Republic of Korea has been cancelled 
with respect to all or some of the designated goods in  accordance with Article 6(4) of the Protocol, the 
holder of said international registration may file an  application for trademark registration with the 
Commissioner of the Korean Intellectual Property Offi ce in respect of all or some of said designated 
goods.   
 
(2) Where an application for trademark registrati on under paragraph (1) fulfills all the requirements 
set forth in the following subparagraphs, the applica tion shall be deemed to have been filed on the 
date of the international registration (in case of a subsequent designation, the date of said subsequent 
designation).   
 
(i) the application under paragraph (1) shall be filed within three months from the date on which 
the international registration was cancelled in accordance with the same paragraph;   
(ii) the designated goods of the application for th e trademark registration under paragraph (1) shall 
be covered by the list of the d esignated goods contained in the in ternational registration under the 
same paragraph; and   (iii) the trademark for which a trademark registrati on is sought shall be identical to the trademark 
of the cancelled international registration.   
 (3) Where a right of priority under a treaty is rec ognized for an international application for trademark 
registration that is filed in connection with an inte rnational registration under pa ragraph (1), said right 
of priority is recognized for the application for th e trademark registration under the same paragraph.   
 
 
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 Article 86 quadragies  【Special Provisions on an Application for Trademark Registration after 
Denunciation of the Protocol 】   
 
(1) Where the holder of the international registra tion designating (including subsequent designation) 
the Republic of Korea is no longer entitled to file an international application in accordance with 
Article 15(5)(b) of the Protocol, the holder of said in ternational registration may file an application for 
trademark registration with the Commissioner of th e Korean Intellectual Property Office with respect 
to all or some of the designated goods registered in the International Register.    (2) Article 86 undequadragies (2) and (3) shall apply mutatis mutandis  to an application for the 
trademark registration under paragraph (1).  In su ch cases, "within three months from the date on 
which the international registration was cancelled in  accordance with the same paragraph" under the 
provisions of Article 86 undequadragies (2)(i) shall read "within two years from the date on which the 
denunciation became effective in accordance with Article 15(3) of the Protocol".   
 
Article 86 unquadragies  【Special Provisions on Examination 】   
 
Where an application for trademark registration th at falls under any of the following subparagraphs 
(hereinafter referred to as a "re-application") is related to a registered trademark which has been 
registered under Article 86 untricies , Articles 23, 24, and 25 to 29 shall not apply to said application.   
 
(i) an application for trademark registration that  fulfills all requirements of subparagraphs under 
Article 86 undequadragies (2) and is filed in accordance with Article 86  undequadragies (1); or   
(ii) an application for trademark registration that fulfills all the requirements of the subparagraphs 
under Article 86 undequadragies (2), which applies mutatis mutandis  in accordance with Article 
86quadragies (2), and is filed in accordance with Article 86 quadragies (1).   
 
Article 86 duoquadragies  【Special Provision on Statute of Limitation 】   
 
Where a trademark has been registered resulting from re-application and the statute of limitations 
under Article 76(1) for the previous trademark right based on the international registration has lapsed, 
an invalidation trial against said trademark, which has been registered resulting from re-application, 
shall not be requested.        
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 CHAPTER IX   
SUPPLEMENTARY PROVISIONS    
   
Article 87 【Inspection of Documents, etc. 】   
   
A person who requires a certification as to the application for trademark registration, a certificate for 
trial, a certified copy or extract of documents, in spection or copy from the Trademark Register, or 
other documents may make a request to that effect  to the Commissioner of the Korean Intellectual 
Property Office or the President of th e Intellectual Property Tribunal.   
   
Article 88 【Prohibition of Opening or Rem oval of Trademark Register    
and Documents Relating to the Application for Trademark,    
Registration Examination, Trial and Retrial 】   
   
(1) The removal of the Trademark Register or documents relating to the application for a trademark 
registration, examination, trial or retrial shall be prohibited.    
   
(2) An answer shall not be given to a request for an  expert opinion, testimony or an inquiry as to the 
contents of a case that is in the process of the app lication for trademark registration, examination, trial 
or retrial or as to the contents of a decision or a decision to grant or refuse a trademark registration.       
Article 89 【Trademark Gazette 】   
   
(1) The Korean Intellectual Property Offi ce shall publish the Trademark Gazette.   
   
(2) The Trademark Gazette may be published by el ectronic media under the conditions as determined 
by the Ordinance of the Ministry of Commerce, Industry and Energy.       
(3) In publishing the Trademark Gazette by elect ronic media, the Commissioner of the Korean 
Intellectual Property Office shall make public matt ers relating to the publication of the Trademark 
Gazette, its main contents, and service by publi cation through a communication network.    
   
(4) Matters to be inserted in the Trademark Gazette shall be determined by the Presidential Decree.   
   
 
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 Article 90 【Indication of Trademark Registration 】   
   
The owner of a trademark right, or an exclusive or non-exclusive licensee, may use the indication 
"Registered Trademark" on the designa ted goods or their packaging.   
   
Article 91 【Prohibition of False Indication 】   
   
(1) No person shall be allowed to perform any of the following acts:   
  (i) indicating a trademark which is not registered  or applied for a trademark registration, on goods as 
if it was a registered trademark or its registration was applied for;   
  (ii) indicating a trademark which is not regist ered or applied for a trademark registration, on 
advertisements, signboards, labels or pack aging of goods or other business transaction 
documents, etc, as if it was a registered trademar k or its registration was applied for; or   
  (iii) marking an indication that the trademark is  registered with respect to goods other than the 
designated goods, or which is liable to cause confus ion, in case the registered trademark is used 
on goods other than the designated goods.   
   
(2) Acts indicating a trademark under paragraph (1)(i) and (ii) of this Article shall include the goods 
and packaging, advertisement, signboards, or labe ls that have become shapes of marks.    
     
Article 91 bis 【Special Provision on Trademarks, etc. That are Similar to  
Registered Trademarks 】   
   
(1) "The registered trademark" as re ferred to in Articles 50, 53, 55(3), 57(2), 62, 67(2), 73(1) (iii) and 
(iv), 85, 90 and 91 shall include trademarks, similar to the registered trademark, which will be deemed 
identical with the registered trademark if their colors are the same as those of the registered 
trademark.       
(2) "A trademark similar to the registered tradem ark" as referred to under s ubparagraph 1 of Article 
66 and Article 73 (1) (ii) shall not mean to include trademarks, as similar to the registered trademark, 
which will be deemed identical with the registered trademark if their colors are the same as those of 
the registered trademark.     
   
 
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 Article 92 【Mutatis Mutandis  Application of Provisions    
of the Patent Law 】   
   
Articles 218 to 220, 222 and 224 bis of the Patent Law shall apply mutatis mutandis  to trademarks.   
   
   
CHAPTER X   
PENAL PROVISIONS      
   
Article 93 【Offense of Infringement 】   
   
Any person who has infringed a trademark right or an exclusive license shall be liable to 
imprisonment with labor not exceeding seven years or to a fine not exceeding 100 million Won.      
Article 94 【Offense of Perjury 】   
   
(1) Where a witness, expert witness, or interprete r, having taken an oath under law, made a false 
statement or given a false expert opinion or in terpreted falsely before the Intellectual Property 
Tribunal, such person shall be liable to imprisonment  with labor not exceeding five years or to a fine 
not exceeding 10 million Won.      
(2) Any person having committed an offense under pa ragraph (1) of this Article who reveals the 
offense prior to the conclusion of the examination of the case, prior to the exam iner's decision to grant 
or refuse a trademark registration being rendered or  prior to a trial decision on the case becoming final 
and conclusive may be partially or totally ex empted from the application of the penalty.   
 
Article 95 【Offense of False Marking 】 
   
Any person who has violated Article 91 shall be lia ble to imprisonment with labor not exceeding three 
years or to a fine not exceeding 20 million Won.      
Article 96 【Offense of Fraud 】   
   
Any person who has obtained a trademark registrati on, the supplementary registration of designated 
goods, the registration for renewal of term of a trad emark right, the registration of the reclassification  IP/N/1/KOR/T/2 
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 of goods or a trial decision by means of a fraudulent act or any other unjustified act shall be liable to 
imprisonment with labor not exceeding three years or to a fine not exceeding 20 million Won.      
Article 97 【Dual Liability 】   
   
Where a representative of a legal entity or an agent, employee, or any other servant of a legal entity or 
natural person has committed an act in violation of Article 93, 95 or 96 with regard to the business of 
the legal entity or natural person, in a ddition to the offender, said legal entity 
shall be sentenced to a 
fine that falls any of the following subparagraphs an d said natural person shall be sentenced to a fine 
as prescribed in the respective Articles.   (i) Article 93: a fine not exceeding 300 million Won; or   (ii) Article 95 or 96: a fine not exceeding 60 million won.      
Article 97 bis 【Confiscation 】   
   
(1) A trademark or packaging that infringes tradem ark rights or exclusive use rights of another under 
Article 93, or obtained by such infringement acti ons, or machinery used for the production of goods, 
trademarks, or packagings shall be confiscated.      
(2) Goods which may be easily detached from thei r trademarks or packagings for the purpose of 
removing the infringement and which does not effect  the function and/or feature of those goods may 
not be confiscated, notwithstanding pa ragraph (1) of this Article.   
     
Article 98 【Administrative Fine 】 
   
(1) Any person who has committed an act in violatio n of any of the following subparagraphs shall be 
subject to an administrative fine not exceeding 500,000 won:   
  (i) a person who has taken an oath under Article 271(2) or 339 of the Code of Civil Procedure and 
has made a false statement before the Intellectual Property Tribunal;   
  (ii) a person who was ordered by the Intellectual Property Tribunal to submit or show documents or 
other materials with respect to the taking of evidence or for the preservation of evidence, but 
failed to comply with the order without justifiable reasons; or   
  (iii) a person who was summoned by the Intellect ual Property Tribunal as a witness, expert witness 
or interpreter but failed to comply with the s ubpoena or has refused to take an oath, make a 
statement, testify, give an expert opinion or interpret, without justifiable reasons.   IP/N/1/KOR/T/2 
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   (2) The administrative fine referred to in paragra ph (1) of this Article shall be imposed and collected 
by the Commissioner of the Korean Intellectual Property Office as prescribed by the Presidential 
Decree.   
   
(3) Any person who objects to the imposition of an administrative fine under paragraph (2) of this 
Article may make a protest to the Commissioner of  the Korean Intellectual Property Office within 
thirty days from the date of notification of the imposition.      
(4) The Commissioner of the Korean Intellectual Property Office shall, upon receipt of a protest under 
paragraph (3) of this Article, notify the competent c ourt without delay, which sh all then adjudicate the 
case of the administrative fine according to the provisions of the Law on Non-Contentious 
Procedures.      
(5) Where no objection has been rai sed within the period prescribed in paragraph (3) of this Article 
and where the fine has not been paid, the Commi ssioner of the Korean Intellectual Property Office 
shall collect it in accordance with the rules concerning collection of national taxes in arrears through 
the head of the competent tax office.      
ADDENDUM    
     
Article 1 【Date of Entry into Force 】   
   
This Law shall enter into force on March 1, 1998.    
     
Article 2 【Transitional Measures as to Application for Trademark Registration, etc. 】   
   
The previous provisions shall apply to the applica tion for trademark registration, the application for 
the registration for renewal of term of a trademar k right, and the examination on the application for 
supplementary registration of designa ted goods and a trial against a ru ling of refusal made before the 
entry into force of this Law.      
Article 3 【Transitional Measures as to Trial against    
Registered Trademark, etc. 】   
   
The previous provisions (except Article 73(1)(i)) sha ll apply to a trial, retrial and/or litigation with 
respect to the registered trademark by the applica tion for trademark registration, the application for  IP/N/1/KOR/T/2 
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 the registration for renewal of term of a tradem ark right and the application for supplementary 
registration of designated goods made before the entry into force of this Law.   
   
Article 4 【Transitional Measures as to Associated Trademark 】   
   
(1) An application for the registration of an associat ed trademark or trademark rights with respect to 
associated trademarks made before th e entry into force of this Law sh all be regarded as an application 
for trademark registration of trademark rights under this Law.   
   
(2) A pending trial for invalidation or cancellation of  a trademark right on grou nds of contravention of 
the previous provision of Article 11 (1) of (3), or 54 (2) at the time of the entry into force of this Law shall be governed by the previous provisions of this Law.      
Article 5 【Transitional Measures as to Trial for Revocation of  Trademark Registration 】   
   
Despite the amended provisions of Article 73 (4), the previous provisions shall apply to a trial for 
cancellation under Article 73(1)(iii) for three years from the date of entry into force of this Law.      
Article 6 【Transitional Measures as to Three-Dimensional Trademark 】   
   
(1) Where a person displayed goods with three-dimens ional trademarks in an exhibition under Article 
21 (1) before entry into force of this Law, the date of entry into force of this Law shall be regarded as 
the date of display of such goods in an exhib ition when such person makes an application for 
registration of the three-dimensional trademark conc erned under the amended provi sions of Article 2.   
   
(2) Where a person made an application for registra tion of a three-dimensional trademark in one of 
the contracting parties of the treaty under Article 20, the date of entry into force of this Law shall be 
regarded as the date of application for registration in the country party to the treaty when such person 
makes an application for registration of the three-dimensional trademark concerned under the 
amended provisions of Article 2.      
ADDENDUM    
 
Article 1 【Date of Entry into Force 】   
 
This Law shall enter into force on July 1, 2001.  However, the amended provi sions of Article 38 shall 
enter into force on and after the day of promulgation.   The part of the amende d provisions of Article 5 IP/N/1/KOR/T/2 
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 that pertain to international registrations  and the amended provisions of Article 86 bis to 
86duoquadragies  shall enter into the force on and after the day on which the Protocol became 
effective in the Republic of Korea.   
Article 2 【Example of Applying to Right to Demand Compensation for Loss 】   
   
The amended provisions of Article 24 bis shall apply to an application for trademark registration or to 
an application for supplementary registration of desi gnated goods, whichever is f iled first after July 1, 
2001.   
   
Article 3 【Transitional Measures as to Examination, etc. on Application for    
Trademark Registration, etc. 】   
 
The previous provisions shall apply to an examinati on of an application for trademark registration, an 
application for registration of a rene wal of term of a trademark right,  an application for supplementary 
registration of designated goods, a trial against a ruli ng of refusal, and retrial and/or litigation initiated 
before the entry into force of this Law.    
Article 4 【Transitional Measures as to Trial against    
Registered Trademark, etc. 】   
 
The previous provisions shall apply to a trial, retria l and/or litigation pertaining to an application for 
trademark registration, an application for registration of a renewal of term of a trademark right, or an 
application for supplementary registration of designate d goods filed before the entry into force of this 
Law.  However, the amended provisions of Artic le 3 of the Addendum of the Trademark Law, 
amended by Law No. 5355, shall apply to a request for trial, trial, retrial and/or litigation for 
cancellation of a trademark registration under Article 73(1)(i) after July 1, 2001.   
 
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