WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPlNlllKORlT/l 
17 March 2000 
(00-1091) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the texe of the Trademark Act and the Enforcement Decree 
of the Trademark Act, as notified by the Republic of Korea under Article 63.2 of the Agreement (see 
document IPIN/1IKORll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le texte1 de la Loi sur les marques de fabrique ou de commerce 
et du Decret d'application y relatif, notifies par la Republique de Coree au titre de l'article 63:2 de 
l'Accord (voir le document IPIN/1IKORll). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PARRAFo 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica 0 de 
Comercio y de su Decreto de aplicacion, notificados por la Republica de Corea de conformidad con el 
parrafo 2 del articulo p3 del Acuerdo (vease el documento IPIN/1IKORll). 
1 In English only.lEn anglais seulement.lEn ingIes solamente. IP/N/IIKORlTIl 
Page 2 
TRADEMARK ACT 
Act No. 71, Promulgated on Noy. 28,1949 
As I as t Amended by Ac t No. 5576, Sep. 23, 1998 
9..HdEIBILJ ___________________________ 5 
GENERAL PRO VlSmNS ________________________ 5 
Article 1 PllrJlose ___________________________ 5 
ArticLe.2 ....... J)dinitio.ns _________________________ 5 
Article 3 Persons Entitled to Register a Trademark ______________ 6 
Article 4 persons Entitled to Register a Business Emblem 6 
Article::; Mutatis Mutandis Application of Provisions of the Patent Act 6 
~C=H~A=P~T=E=R~ll~ __________________________ 6 
REQUIREMENTS FOR TRADEMARK REG/STBA TION AND APPLICATION THEREEOR __ 6 
Article 6 Requirements for Trademark Registration 6 
Article 7 Unregistrable Trademarks ____________________ 7 
ArtideJL ..... Eirst~.to.~Fne.Rllle 10 
A.rtideJL .... Applic.ation.fo.r.T.rademarkRegistration 10 
Article 10 One Application for One Trademark 11 
Article 11 Deleted 12 
Article 12 Transfer and Partial Assignment of Application for Registration of a Trademark, 
~ _________________________________ 12 
ArticLe.U. _____ .AmendmenLol.F.roc.edllrc _____________________ 12 
~A~rt~i~cl~e~I~4~~A~m~en~(~lm~en~t~B~ef~o~re~D~e~ci~sl~·o~n~o~f~P~u~b~li~c_at~io~n~of~A~p¥pl~ic~a~t~io~n. ___________ 13 
Article 15 Amendment after Decision of Publication of Application _________ 13 
Article 16 Material Change of Application 13 
Article 17 Rejection of Amendment 14 
Artide.1S. ______ .Dh:isio.n.of.Applic.atiunJo.r.Tr.ademark.Registration 15 
Article 19 Conversion of Application 15 
Article 20 Priority Claim under Treaty 15 
Article 21 Special Provisions as to Time of Filing an Application __________ 16 
CHAPTER III 17 
EXdMUNATJON ______________________________ 17 
Article 22 Examination by Examiner 17 
Article 22bis Request, etc. for Inspection of Trademark by Specialized Searching Agency 17 
ArticLe.2.3. _______ .Ruling..of.RefllSal.and.N.Qtification __ of.Reasons.fo.r.ReJusal ________ 18 
Article 24 Publication of Applicatjon 18 
Article 25 Oppositjon to Trademark Registratjon 18 IP INIlIKORlT /1 
Page 3 
Article 26 Amendment of Reasons for Ollposition to Trademark Registration _____ 19 
Article.2.7. ....... D..c.cisioll..on.'OP-PD.sitionJo .. Tr.ademarkRcgistration 19 
Article 28 Ruling of Refusal Made D, Officio after Publication 20 
Article 29 Concurrent OPllositions to Trademark Registration 20 
Article 30 Ruling on Registration of Trademark 20 
Artick.3.L ..... Me1ho.d .. oLUcdsion _____________________ 21 
ArticJ.c.3.L ..... Sus.llcnsiQn.D.LExaminatioll..or .. Litigation.Pr.oc.ec.dings 21 
Article 33 Mutatis Mutandis Aplllication of Provisions of the Patcnt Act 21 
CHAPTER IV 21 
TRAflEMARK.REGISIRA.TIQN.FEES.ANIU.illGlS.TRATWNDETRAflEMARKS ____ 21 
ArticLc.3::L .... Tr.ademark.Rcgistratioll.F.ces 21 
Article 35 Extension Payment Period for Trademark Registration Fees 22 
Article 36 Abandonment of Application for Registration of Trademark as a Consequence of 
Nonllayment of Trademark Registration Fees 22 
Article 37 Official Fees ________________________ 22 
Article_.38.. ....... Rcfund.QLTr.adem.arkRegistra.tion.F.ees 22 
Article 39 Trademark Register 22 
Article 40 Issuance of Certificate of Registration of Trademark 23 
CHAPTER V 23 
.TBADEAfARK.R1GHT _____________________________________________ 23 
Article 41 Registration of Establishment of Trademark Right ___________ 23 
Article 42 Term of Trademark Right 24 
Article 43 Application for Registration for the Renewal of Term 24 
Article 44 Diyision of Application for Registration for Renewal of 24 
Ic.rm .. of.Tr.ademark.Right 24 
Article 45 Ruling of Refusal of Application for Registration for Renewal of Term and 
Notification of Reasons for Refusal 25 
Article 46 Effects of Application for Registration for Renewal of Term of a Trademark Right, 
~ ________________________________________________________ 25 
Article 47 Application for Supplementary Registration of Designated Goods _____ 25 
Article 48 Ruling of Refusal of Application for Supplementary Registration of Designated 
Goods and Notification of Reasons for Refusal 26 
Article 50 Effects of Trademark Right ___________________ 27 
Article 51 Limitations of Trademark Right 27 
Article 52 Extent of Protection of Registered Trademark, ete. 27 
Articlc53 ... _ .... RelatLllns.hip.ltith.Anothe.r.D.csigD..Righ.t ... ctc. 27 
Articlc.5.4 ... _ .... Ass.ignment.and.Jomt.OlYll.crship .. of.Tr.adcmarks • .f.ti;~ 28 
Article 54bis Division of Trademark Right 28 IPINIlIKORlTIl 
Page 4 
uA~rt~i~cl~e~5~5~~E~x~c~h~ls~h~'e~I~j~c~en~s~e, _____________________________________________ 29 
Article .. 56 ........ .Effe.cts..o.f.Re.gis.tra.tion..oD.T..ra.de.ma.rk.Right..am.l..Ex.cLush:e .. Licerue __________ 29 
Article 57 Non-exclusive License 30 
Article 58 Effects of Registration of Non-exclusive License, etc. 30 
Article 59 Abandonment of Trademark Right 31 
Artkl.e..@ ........ Restric.tio.ll.on.Abandonm.ent..of.Ira.d~ma.t:k.Right,.e.tc~ 31 
Artkl.e..6.L ..... E.ffec.t..of.Aha.n.d!J.nment 31 
Article 62 Pledge 31 
Article 63 Subrogation for Right of Pledge 31 
Article 64 Extinguishment of Trademark Right 31 
CHAPTER IT 32 
PROTECTIONOFOWNEROFTRADEMARJ(RlGHT _____________ 32 
nA~rtui~cl~e~6~5~~Iwn~junn~c~ti~oBn~,e~t~c.~,~A~g~a~in~s~t~Inwf~ruin~g~eBm~e~n~t _____________________________ 32 
Article 66 Acts Deemed to be Infringement ______________________________ 32 
Article .. 61 ........ .P.resumptiun ... etc .... ofAmount.of.Damage ______________________ 32 
Article 68 Presumption of Intent 33 
Article 69 Measures for Recovery of Business ReputatiQn Qf Owner of Trademark Right, etc. _________________________________________________ 33 
Article 70 SubmissiQn of Documents _________________________________ 33 
=C=U=A=P~T=R=R~nr=_ _______________________________________________ 33 
~ ________________________________________ 33 
Article 70his Trial against Ruling of Refusal _____________________________ 34 
Article 70ter Trial against Decision of Rejection of Amendment 34 
Article 71 Invalidation Trial of Trademark Registration 34 
Articl.e.1.2._ . .In:ralida.tion..Trial.of.&.gis.t..rationJox .. Renc.n:aLoLTc..rm .. of.Tradcmark..Right ___ 35 
Article 73 Trial for Cancellation of Trademark Registration 35 
Article 74 Trial for Cancellation of Registration of Exclusive or Non-exclusive Ucense 37 
Article 75 Trial to Confirm Scope of Trademark Right 37 
Articlc .. 76..._ .. .8.tatutc .. olLimita.tion _______________________ 37 
Artidc .. 71 ....... Mutatis..Mutandis .. Ap.plic.atioll.D..f.Pmris.i!J.ns..oi.the.Patent.Act 38 
Article 78 Deleted 38 
Article 79 Formal Requjrements for Requesting a Trial against Examiner's. Ruling of Refusal 
or the Decision of Rejection Qf Amendment 38 
Article 80 Deleted _________________________________________________ 38 
ArticLe.8.l_ .... Mutatis.Mutandis.Applicatio.lLof.P..roxisions .. C.onceming_ ................ _ ................. . 
Exam.ination . .in.the.Trial.agains.t.tb~.Ruling.D..f.Refusal 38 
Article 82 Special Provisions of Trial against the Ruling of Refusal or the Decision of 
RejC!:tioll.olAmendment 39 
CHAPTER VII 39 IPINI1 IKORlTIl 
Page 5 
RETRIAL AND LlUGAUON 39 
ArtideJ~;L ..... Re.q.u~.s.tJor .. Retrial ______________________ 39 
Article 84 Request for Retrial on Account of Collusion 39 
Article 85 Restriction on Effects of Trademark Rights Restored by Retrial 40 
Article 86 Mutati.iMutmuii£..Application of Provisions of the Patent Act 40 
=C=H~A~P~T=E=R~1X~ ___________________________________________________ 40 
~S~UP~~~l~E~M~E~N~1A~R~Y~p~n~o~n~S~I~O~N~S ______________________________________ 40 
Article 87 Inspection of Documents, etc. _____________________ 40 
Article 88 Prohibition of Ollening or Remoyal of Trademark Register and Documents 
Relating to the Application for Trademark, Registration Examination, Trial and Retrial 41 
Article 89 Trademark Gazette 41 ----------------------
Artick.9.Q ....... Jndkation.oJ.TrademarkRegistraiion _______________ 41 
Article 91 Prohibition of False Indication 41 
Article 91bis Special Provision on a Trademark etc. similar to Registered Trademark 42 
Article 92 Mutatis Mutandis Application of Provjsjons of the Patent Act 42 
CHAPTER X 42 
PENAL PROVISlONS _________________________ 42 
Article 93 Offense of Infringement _____________________ 42 
Article 94 Offense of Perjury 43 
Article . .25 ........ 01Iense .. of...Eals.e.Marking 43 
Article 96 Offense of Fraud 43 
Article 97 Dual Liability 43 
Article 97bis Confiscation 43 
Article 98 Administratiye Fine 44 
ADDENDA _______________________________________________ 44 IP/N/l/KORlT/l 
Page 6 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 Purpose 
The purpose of this Act shall be to ensure the maintenance of the business 
reputation of persons using trademarks by protecting trademarks so as to 
contribute to the development of industry and to protect the interests of 
consumers. 
Article 2 Definitions 
(1) The definitions of terms used in this Act 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 who 
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 the items of subparagraph(a) 
of this paragraph. 
( i i) "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 
composed 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" means any of the following acts: 
(a) applying trademarks on goods or their packaging; 
(b) selling or delivering goods or their packaging on which trademarks 
have been applied or displaying, exporting or importing such goods 
or their packaging for the purposes of selling or delivering; 
(c) indicating the trademark on advertisements, price lists, business 
papers, signboards or labels or displaying or distributing them. IPINIlIKORlTIl 
Page 7 
(2) Acts of using a trademark on goods, packaging of goods, advertisements, 
signboards of labels under above paragraph (1)(vi)(a) to (c) of this Article 
shall include using goods, packaging of goods, advertisements, signboards 
or labels as shapes of marks. 
(3) Except as otherwise expressly provided for in this Act, the provisions in 
this Act 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 trademark in the Republic of 
Korea shall be entitled to trademark registration; however, employees of the 
Korean Industrial Property Office or employees of the Industrial 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 Republic of Korea 
shall be entitled to register a business emblem. 
Article 5 Mutatis Mutandis Application of Provisions of the Patent Act 
Articles 3 to 26, Articles 28 to 28-5 of the Patent Act shall apply mutatis mutandis 
to trademarks. 
CHAPTER IT 
REQUIREMENTS FOR TRADEMARK REGISTRATION AND 
APPLICATION THEREFOR 
Article 6 Requirements for Trademark Registration 
(1) A trademark registration may be obtained except in the following cases: 
( i ) where the mark consists solely of a sign indicating, in a common way, 
the usual name of the goods; 
( i i) 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; IP/N/IIKORlTIl 
Page 8 
( 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 subparagraph ( 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 under paragraph (1)(iii), (v) 
or (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 with the 
designated goods (designated goods and supplementary designated goods 
as defined in Articles 10(1) and 47(2)(iii), the same provision being 
applicable hereinafter) for which the trademark has been used. 
Article 7 Unregistrable Trademarks 
(1) Notwithstanding Article 6, trademark registration may not be obtained in 
the following cases; 
( i ) trademarks which are identical with, or similar 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 Industrial Property; the titles or marks of the Red 
Cross; Olympic or well-known international organizations; or those 
which are identical with, or similar to, seals or signs of the Republic of 
Korea or the countries party to the Paris Convention for the Protection of 
Industrial Property; or the public organizations thereof, used for 
indicating supervision or certification; 
( i i) 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 thereof, or the body 
of nonprofit public services, applies for the registration of such marks as 
their business emblems; 
(iv) trademarks which are contrary to public order or morality; IP INI1IKORlT 11 
Page 9 
( 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 with 
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 
used 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 well­
known persons, or an abbreviation thereof; however, this provision shall 
not apply where the consent of the person concerned has been 
obtained; 
(vii) trademarks identical, or similar to another person's registered trademark 
whose registration was applied for prior to the filing date of the 
trademark applications concerned and which are to be used on goods 
identical, or similar to the designated goods; 
(riii) trademarks identical, or similar to another person's trademark, where 
one year has not elapsed since the date of extinguishment of the 
trademark right(in the case of a trial decision invalidating a trademark 
registration, the date when the trial decision became final and 
conclusive, the same applying hereinafter in this subparagraph) and 
which are used on the designated goods covered by the trademark right 
or on similar goods; 
(ix) trademarks which are identical, or similar to, another person's trademark 
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 confusion 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 deceive 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 unjustful 
purposes of obtaining unjust profits or inflicting harms on a particular 
person, etc. 
(xiii) trademarks consisting solely of three-dimensional shapes essential to 
secure the functions of goods requiring trademark registration or their 
packagings. 
(xiv) trademarks consisting of geographical indications 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. IPINIlIKORlTIl 
Page 10 
(2) Even if a trademark falls under paragraphs (1)( vi), (ix) and (x) of this 
Article, the respective provisions shall not apply in the event the trademark 
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 paragraph (1 )(vii) and (yiii) of this 
Article, the respective provisions shall apply where the trademark falls under 
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 applicant for registration of the trademark (hereinafter 
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; 
( i i) 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 (?) 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 term of a 
trademark right has been made. 
(5) Where a trial for the cancellation of a trademark registration is requested 
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 and any person using the trademark shall not 
obtain a trademark registration for the trademark that is identical, or similar to 
the registered trademark that has been extinguished with respect to goods 
that are 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; 
( i i) 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 IP/NIl/KORlTIl 
Page 11 
(1) Where two or more applications for trademark 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 filing date may obtain a trademark registration for the trademark. 
(2) Where two or more applications for trademark registration relating to 
identical or similar trademarks which are to be used on identical or similar 
goods are filed on the same date, a consultation will be held among all the 
applicants and the one person agreed upon by all the applicants may obtain 
a trademark registration for 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 
Commissioner of the Korean Industrial Property Office. 
(3) Where an application for trademark registration has been abandoned, 
withdrawn or invalidated, or where an examiner's decision or trial decision of 
rejection of an application for 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 Industrial 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 registered 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 cancellation may obtain a trademark registration for 
the trademark that is identical, or similar to the registered 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 months as of the day on which each of the 
following subparagraphs occurs: 
( i ) when the period under the provisions of Article 43 (2) expires; 
( i i) 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 IP INI1IKORlT 11 
Page 12 
(1) Any person desiring to obtain a trademark registration shall file an 
application with the Commissioner of the Korean Industrial Property Office 
stating the following: 
( i ) the name and domicile of the applicant for trademark registration (in the 
case of a legal entity, the title, place of business and the name of its 
representative) ; 
( i i) the name and domicile, or place of business, of the agent, if any; 
(ii i) 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) the date of filing; and 
(vii) matters prescribed by the Ordinance of the 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 
combination 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 subparagraphs of paragraph(1) of 
this Article, an application for registration of the collective mark accompanied 
by the statutes of the association which govern the use of such collective 
mark, as prescribed by the Presidential Decree. 
(4) Any person desiring to obtain the registration of a business emblem shall 
file, in addition to the matters mentioned in the subparagraphs of 
paragraph(1) of this Article, an application for registration of the business 
emblem accompanied by documents proving the existence of a business 
management. 
Article 10 One Application for One Trademark 
(1) Any person. who intends to file an application for trademark registration, 
shall designate one category or more of goods with respect to the categories 
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, where an application seeks registration for both goods and 
services at the same time, such an intent must be stated in the 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. Article 11 Deleted IPINIlIKORlTIl 
Page 13 
Article 12 Transfer and Partial Assignment of Application for Registration 
of a Trademark, etc. 
(1) Transfer of an application for trademark registration, except in the case of 
inheritance or other general succession, shall not be effective against third 
parties unless the applicant reports the change in name of the applicant. 
(2) An application for trademark registration may be transferred separately 
for each of the goods designated in the application. In this case, 
designated goods that are similar shall be transferred together. 
(3) Deleted 
(4) In the case of inheritance or other general succession, the successor in 
title shall, without delay, notify the Commissioner of the Korean Industrial 
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 pursuant 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 
Commissioner of the Korean Industrial Property Office, in the case of 
mergers of legal entities. 
Article 13 Amendment of Procedure 
The Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner 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 Act or Article IP INI1IKORlT 11 
Page 14 
6 of the Patent Act, as applied under Article 5 of the Trademark Act, have 
not been complied with; 
( i i) When the formal requirements specified in the Trademark Act 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 
registration provided that the intent and purpose of the original application is 
not changed. 
(2) The amendment under paragraph (1) of this Article may not be made 
after the transmittal of a certified copy of the examiner's decision. However, 
in the case of a request for a trial against a ruling of refusal under Article 
70bis, 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) 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 under any of the following, amend or 
correct the designated goods and/or the specimen as long as the subject 
matter is not materially changed when a notice of rejection is served under 
Article 23, Paragraph 2 or Article 48, Paragraph 2 after the certified copy of 
the decision on publication of the application is delivered, when an 
opposition to the trademark registration is brought under Article 25, or when 
an appeal under Article 70 Paragraph 2 is brought from the rejection under 
Article 23, Paragraph 1 or Article 48, Paragraph 1; 
( i ) Time limit designated for submitting arguments under Article 23(2) 
or 48(2); 
( i i) Time limit designated for submitting a written answer under Article 
27(1); or 
(iii) Thirty days from the date of the request for a trial against the ruling 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 
application for the registration of a trademark: ( i ) Reduction in the scope of the list of designated goods; 
( i i ) Correction of errors; 
(ii i) Classification of ambiguous descriptions; 
(iv) Deletion of any auxiliary part of the trademark. IPINIlIKORJTIl 
Page 15 
(2) If an amendment of an application for trademark 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 establishment of a trademark right, the trademark 
application shall be deemed to have been filed at the time the written 
amendment thereof is submitted. 
(3) If an amendment of an application for trademark registration or 
designated goods has been made after the transmittal of a certified copy of 
decision to publish an application 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. 
(2) The examiner shall not make a decision with respect to an application for 
the registration of a trademark, where a decision to reject an amendment has 
been rendered under paragraph (1) of this Article, until the expiration of thirty 
days from the date the certified copy of such 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 trial in accordance with Article 70ter 
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 trial 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 
shall reject the amendment in the form of decision. 
(5) The decision to reject an amendment under paragraph (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 ruling of refusal is 
requested under Article 70bis. IP /N/1/KORlT /1 
Page 16 
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 
registration 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 which has been divided under paragraph (1) of this Article 
(hereinafter referred to as the "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. 
(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 trademark registration and shall be deemed to have 
been filed at the time of the initial application. 
(3) The converted application as referred to in paragraph (2) of this Article 
may not be made after a ruling or trial decision on the initial application for 
trademark registration or service trademark registration has become final 
and conclusive. 
(4) If a converted application as referred to in paragraph (2) of this Article is 
filed, the initial application for trademark registration or service trademark 
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 recognize a right of priority for 
an application for trademark registration filed by a national of the Republic 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 basis of the prior application for such 
trademark registration filed in his country or in one of the countries IPINIlIKORlTIl 
Page 17 
recognized in the treaty, the filing date of the prior application in the foreign 
country shall be deemed to be the filing date in the Republic of Korea for the 
purposes of Article 8. Where a national of the Republic of Korea has filed 
an application for trademark registration in a country which recognizes, 
under a treaty, the right of priority for applications for trademark registration 
filed by nationals 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. 
(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 
the 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, 
trademark 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 accordance with paragraph (3) of 
this Article shall submit to the Commissioner of the Korean Industrial 
Property Office, within three months from the filing date of the application for 
trademark registration, 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 for trademark registration 
files, an application for trademark registration whose designated goods 
bearing the trademark have been exhibited at anyone of the following types 
of exhibitions within six months from the date of such exhibition, the 
application shall be deemed to have been filed at the time when such goods 
were exhibited. 
( i ) exhibitions held by the Government or a local government; 
( i i) exhibitions held by persons authorized by the Government or a local 
government; 
(iii) exhibitions held in a foreign country with the authorization of the 
Government; IPINIlIKORlT/I 
Page 18 
(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 paragraph (1) of this Article with 
respect to a trademark in an application for trademark registration shall 
submit a written statement to that effect in conjunction with his application for 
trademark registration to the Commissioner of the Korean Industrial Property 
Office, to whom such person shall 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 Industrial Property Office shall have 
applications for the trademarks registration and oppositions to trademarks 
registration examined by examiners. 
(2) The qualifications for examiners shall be prescribed by the Presidential 
Decree. 
(3) Any person whose application for trademark registration falls within any 
subparagraph of Article 23(1) may submit to the Commissioner of the Korean 
Industrial Property Office relevant information together with supporting 
evidence. 
Article 22bis Request, etc. for Inspection of Trademark by Specialized 
Searching Agency 
(1) The Commissioner of the Korean Industrial Property Office may request a 
specialized searching agency to inspect trademarks where it is deemed 
necessary to facilitate the examination for an application of trademark 
registration. 
(2) The Commissioner of the Korean Industrial Property 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 searching agency and requests for the search 
of trademarks pursuant to paragraph (1) of this Article shall be prescribed by 
the Presidential Decree. IP/NIl/KORJTIl 
Page 19 
Article 23 Ruling of Refusal and Notification of Reasons for Refusal 
(1) The examiner shall make a ruling to refuse an application for trademark 
registration where it falls under any of the following subparagraphs: 
( i ) the trademark for which registration is sought is not registrable in 
accordance with the provisions of Article 3,6 to 8,10(1),12(2) (second 
sentence), (5) and (7) to (9) of Trademark Act or 25 of the Patent Act as 
applied under Article 5 of the Trademark Act; 
( i i) the trademark for which registration is sought is in violation of the 
provisions of a treaty; 
(iii) 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 by the 
owner. 
(2) An examiner shall, when intending to make a ruling of refusal of an 
application for 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 applicant's arguments, 
designating a time limit for such submission. 
Article 24 Publication of Application 
(1) Where an examiner finds no grounds for rejecting 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 Industrial Property Office shall transmit the 
decision to the applicant and publish the application in the Trademark 
Gazette. 
(3) The Commissioner of the Korean Industrial Property Office shall make 
the documents of the application for trademark registration and other related 
documents available for public inspection at the Korean Industrial Property 
Office for a period of thirty days following the date of publication of the 
application. 
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) IPINlllKORlT/l 
Page 20 
with the Commissioner of the Korean Industrial 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 Industrial 
Property Office a written opposition specifying matters falling under each of 
the following subparagraphs, together with the supporting evidence: 
( i ) the name and the domicile of the applicant for the opposition to a 
trademark registration or the agent of such person(in the case of a legal 
entity, the title, place of business and the name of its representative) ; 
( i i) 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 opposition 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 evidence 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. 
Article 27 Decision on Opposition to Trademark Registration 
(1) Where a notice of opposition has been filed, the examiner 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 and 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. IP INI1IKORlT 11 
Page 21 
(5) The Commissioner of the Korean Industrial Property 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, where there are different reasons 
for the decision on the opposition to a trademark registration for two or more 
designated goods, the examiner shall give specific reasons for the decision 
for each of the respective goods. 
Article 28 Ruling of Refusal Made Ex Officio after Publication 
(1) Where an examiner finds reasons for refusal after the publication of an 
application, he may make a ruling of refusal ex officio under Article 23. 
(2) Where an examiner makes a ruling to refuse an application under 
paragraph (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. 
(3) Where a ruling of refusal has been made under paragraph (1) of this 
Article, the Commissioner of the Korean Industrial Property Office shall 
transmit a certified copy of the ruling 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 
deemed to be justified upon examination, the examiner need not render a 
ruling as to the other opposition(s). 
(3) The Commissioner of the Korean Industrial Property Office shall also 
transmit a certified copy of the decision of rejection to the opponents whose 
oppositions were not examined under paragraph(2) of this Article. 
Article 30 Ruling on Registration of Trademark 
Where the examiner cannot find any reasons for refusing an application for 
the registration of a trademark, the examiner shall render a ruling in favor of 
trademark registration. IPINIlIKORlTIl 
Page 22 
Article 31 Method of Decision 
(1) The ruling on the registration of a trademark shall be made in writing and 
shall state the reasons therefor. 
(2) Where an examiner has made a ruling on the registration of a trademark, 
the Commissioner of the Korean Industrial Property Office shall transmit a 
certified copy of the ruling 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 
final and conclusive or litigation proceedings have been concluded. 
(2) The court may, if necessary in the litigation, suspend proceedings until 
the examiner's decision has become final and conclusive. 
Article 33 Mutatis Mutandis Application of Provisions of the Patent Act 
Articles 148(1) -(5), (7) and 157 of the Patent Act 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 N 
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 trademark 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 registration fees 
under paragraph (1) of this Article. 
(3) Matters related to the payment of trademark registration fees under 
paragraph (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. IP INI1IKORlT 11 
Page 23 
Article 35 Extension Payment Period for Trademark Registration Fees 
The Commissioner of the Korean Industrial Property Office may, upon 
request, extend the period for the payment of trademark registration fees 
under Article 34(3) for a period not exceeding thirty days. 
Article 36 Abandonment of Application for Registration 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 trademark shall be deemed to have been abandoned. 
Article 37 Official Fees 
(1) A person filing an application, making a demand or initiating other 
procedures with regard to a trademark shall pay official fees. However, in 
the event 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 fees 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) shall 
pay the amount as determined by the Ordinance of the Ministry of 
Commerce, Industry and Energy in addition to the fee referred to in 
paragraph (2) of this Article. 
Article 38 Refund of Trademark Registration Fees 
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 mistaken portion of the fees shall be refunded without delay upon 
request by the person who made such payment, where such request is 
made within one year from the date of the payment. 
Article 39 Trademark Register 
(1) The Commissioner of the Korean Industrial Property Office shall keep a IP/NIl/KORlTIl 
Page 24 
Trademark Register at the Korean Industrial Property Office and shall 
register the following matters: 
( i ) the establishment, transfer, modification, expiration, renewal of the 
term, supplementary registration of designated goods or restriction on 
disposal, of a trademark right; 
( i i) the establishment, maintenance, transfer, modification, expiration, or 
restriction on disposal of an exclusive or non-exclusive license; and 
(iii) the establishment, transfer, modification, expiration, 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 stored in electronic format 
such as magnetic tape. 
(3) Necessary matters relating to registration and registration 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 Industrial 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 trademark does not correspond 
with the Trademark Register, the Commissioner of the Korean Industrial 
Property Office shall make a correction on the certificate and reissue the 
certificate with amendments or issue a new certificate upon request by the 
applicant or ex officio. 
Article 41 CHAPTER V 
TRADEMARK RIGHT 
Registration of Establishment of Trademark Right 
(1) A trademark right shall come into effect upon registration of its 
establishment. 
(2) The Commissioner of the Korean Industrial Property Office shall 
authorize the registration of the establishment of the trademark right. When 
the trademark registration fees have been paid in accordance with Article 
34(1 ). Article 42 Term of Trademark Right IP/N/IIKORlTIl 
Page 25 
(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 renewed for an additional 10 years 
upon making an application for the registration for the renewal of its term. 
Article 43 Application for Registration for the Renewal of Term 
(1) Any person desiring registration for the renewal of the term of a 
trademark right under Article 42(2) shall submit an application to the 
Commissioner of the Korean Industrial Property Office, including the 
following: 
( i ) requirements under Article 9(1) ( i ), ( i i), (iv), (vi) and (vii); and 
( i i) 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 joint 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 the renewal 
of term of a trademark right shall be prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy. 
Article 44 Division of Application for Registration for Renewal of 
Term of Trademark Right 
(1) Where the deSignated goods of a registered trademark 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 renewal 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 for amendment as provided for in Article 14. 
(3) A divisional application for registration for renewal of term under 
paragraph (2) under this Article shall be deemed to have been filed at the IP /N11/KORlT 11 
Page 26 
time of filing of the original application for registration for renewal of term. 
Article 45 Ruling of Refusal of Application for Registration for Renewal of 
Term and Notification of Reasons for Refusal 
(1) The examiner shall make a ruling of refusal for an application for 
registration for renewal of term of a trademark right where it falls under any 
one of the following subparagraphs: 
( i ) deleted 
( i i) 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 application for renewal 
registration of the term of the trademark right is not the designated 
goods of such registered trademark, or where the designated goods are 
not in conformity with the categories of goods as determined by the 
Ordinance of the Ministry of Commerce, Industry and Energy. 
(2) Where the examiner intends to render a ruling of refusal for an application 
for renewal of term of a trademark registration 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. 
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 
ruling of refusal thereof has become final and conclusive. 
(2) The registration for renewal of term of a trademark right shall commence 
on the day following the date of expiration of the original registration. 
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 designated goods 
to be added to the designated goods of the registered trademark or to the 
application for the registration of a trademark. IPINIlIKORlTIl 
Page 27 
(2) A person intending to obtain supplementary registration of designated 
goods under paragraph (1) of this Article shall submit an application for 
supplementary registration of designated goods to the Commissioner of the 
Korean Industrial Property Office including the following: 
( i ) Requirements under Article 9(1)( i) to (iii) and (v) to (vii); 
( i i) the registration number of the trademark or the number of the 
application for the registration of a trademark; and 
(ii i) the supplementary goods to be designated and the corresponding 
class of the classification. 
Article 48 Ruling of Refusal of Application for Supplementary Registration 
of Designated Goods and Notification of Reasons for Refusal 
(1) Where an application for supplementary registration of designated goods 
falls under any of the following subparagraphs, the examiner shall render a 
ruling of refusal thereof: 
( i ) the application falls under anyone of the sub paragraphs of Article 
23(1 ); 
( i i) the applicant is not the owner of the trademark right or the applicant 
for registration of the trademark concerned; 
(iii) the trademark for the application is not identical with the trademark 
registered or the trademark for which an application for registration has 
been filed; or 
(iv) the right under the registered trademark has expired or the application 
for registration of a trademark has been withdrawn, abandoned or 
invalidated, or a ruling of refusal of the application has become final and 
conclusive. 
(2) If the examiner intends to render a ruling of refusal for an application for 
supplementary registration of designated 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 Applicant's arguments in 
writing within the designated time limit. 
Article 49 Mutatis Mutandis Application of Provisions of the Patent Act 
(1) Articles 10(1),13,14,16,17,22 and 30 to 32 of the Trademark Act and 
Article 148( i ) - ( v), (vii) of the Patent Act shall apply mutatis mutandis to 
applications for registration of renewal of term of a trademark right. 
(2) Articles 10(1), 13 -17, 20 -22 and 24 -32 of the Trademark Act, Articles 
148(1) ( i ) - ( v), (vii) and 157 of the Patent Act and Articles 133, 271 and IP/N/IIKORlTIl 
Page 28 
339 of the Code of Civil Procedure shall apply mutatis mutandis to 
applications for supplementary registration of designated goods. 
Article 50 Effects of Trademark Right 
The owner of a trademark right shall have the exclusive right to use the 
registered trademark with respect to the designated goods. However, in 
accordance 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 
name or pen name, or a famous abbreviation thereof; however, this 
provision shall not apply where, after registration of the establishment of 
the trademark right, such mark has been used with the intention of 
violating the rules of fair competition; 
( i i) trademarks indicating, in a common way, the common name, origin, 
place of sale, quality, raw materials, efficacy, use, quantity, shape or 
price of the designated goods concerned or goods similar thereto, or the 
method or time of manufacturing, processing or use of such goods; and 
(iii) trademarks customarily used on the designated goods or goods similar 
thereto, and marks consisting of famous geographical appellation or 
their abbreviations or of a map. 
( iv) trademarks consisting solely of three-dimensional shapes essential to 
secure the functions of goods requiring trademark registration or their 
packaging. 
Article 52 Extent of Protection of Registered Trademark, etc. 
(1) The extent of protection conferred by a registered trademark shall be 
determined on the basis of the trademark reproduced in the documents 
accompanying the application for registration of a trademark. 
(2) The extent of protection conferred to the deSignated goods shall be 
determined on the basis of the goods listed in the documents accompanying 
the application for registration of a trademark. 
Article 53 Relationship with Another Design Right, etc. IP/N/IIKORlTIl 
Page 29 
When the use of a registered trademark on the designated goods conflicts 
with another person's patent right, utility model right and/or design right 
which have 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 trademark 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 patent 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 shall 
be assigned together with the assignment of the trademark. 
(2) to (4) Deleted. 
(5) A joint owner of a trademark right may neither 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) may 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 principal 
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 
authorization of the Commissioner of the Korean Industrial Property Office. 
(10) No pledge right shall be established in connection with the business 
emblem right or the trademark right and the collective mark right under the 
provisions of Article 7(1) (iii). 
Article 54bis Division of Trademark Right 
(1) Where there are two or more designated goods under one trademark 
right, the trademark right may be divided for each of such designated goods. 
(2) Where a request for an invalidation trial is made under Article 71 (2), the IPIN/1IKORlT/1 
Page 30 
division under paragraph (1) of this Article may be made until the decision 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 relation 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 
registered 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 license 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. 
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, renewal of 
term of a trademark right, supplement to designated goods or restriction 
on the disposal thereof; 
( i i) the grant, transfer (except in the case of inheritance 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 relating to a trademark right, IP INI1IKORlT 11 
Page 31 
exclusive license and/or pledge under paragraph (1) of this Article shall be 
notified without delay to the Commissioner of the Korean Industrial 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 
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). 
(4) A pledge may not be established on a non-exclusive 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. 
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 the case of inheritance or other general 
succession), modification, extinguishment by abandonment of a non­
exclusive license, or restriction on the disposal thereof; 
( i i) the establishment, transfer (except in the case 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 registered, it shall also be 
effective against any person who subsequently acquires the trademark right 
or an exclusive license. 
(3) Inheritance, or other general succession relating 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 Industrial Property Office. IP/NI 1 IKORlT/l 
Page 32 
Article 59 Abandonment of Trademark Right 
The owner of a trademark right may abandon his trademark right for anyone 
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 exclusive 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). 
Article 61 Effect of Abandonment 
Where a trademark right, an exclusive or non-exclusive 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 purposes 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 remuneration provided for under 
this Act 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. CHAPTER VI IP INI1IKORlT 11 
Page 33 
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 
exclusive 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 necessary to prevent the infringement. 
Article 66 Acts Deemed to be Infringement 
The following acts shall be deemed to be infringements on a trademark right 
or an exclusive license: 
( i ) acts of using a trademark identical to the 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; 
( i i) 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; 
(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 on 
the trademark right or the exclusive license due to damages caused to him 
by such infringement, the profits gained by the infringer by the infringement 
shall be presumed to be the amount of damage suffered by the owner of the 
trademark right or exclusive licensee. IPINIlIKORlTIl 
Page 34 
(2) 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 may be claimed as the 
amount of damages suffered by him. 
(3) Notwithstanding paragraph (2) 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 whether there has been either willfulness or gross 
negligence on the part of the person who has infringed the trademark right or 
the exclusive license when awarding damages. 
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 
with 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 intentional or negligent infringement of the trademark 
right or exclusive license, to take necessary measures 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 trademark right or an exclusive 
license, the court may, upon the request of either party, order the other 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. 
CHAPTER VJI 
TRIAL Article 70bis Trial against Ruling of Refusal IP /N/IIKORlT 11 
Page 35 
Any person dissatisfied with a ruling of refusal may make a request for trial 
within thirty days from the date of receipt of a certified copy of the ruling of 
refusal. 
Article 70ter Trial against Decision of Rejection of Amendment 
Any person dissatisfied with a decision of rejection of amendment under 
Article 17(1) may request a trial within thirty days from the date of receipt 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 
registration of designated goods. In such a case, if two or more designated 
goods are covered by the trademark registration, a request for an 
invalidation trial may be made for each of the designated goods: 
( i ) the registration is in breach of the provisions of Article 3, Articles 6 -8, 
or 12(2) (second sentence), (5), and (7) -(9) of the Trademark Act or in 
breach of Article 25 of the Patent Act which is made applicable under 
Article 5 of the Trademark Act; 
( i i ) the registration has been effected in violation of a treaty; 
(iii) the registration has been effected on the basis 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 trademark right is no longer 
capable of enjoying such right under Article 25 of the Patent Act which is 
made applicable under Article 5 of the Trademark Act, or the registration 
no longer complies with a treaty. 
(2) A trial for invalidation under paragraph (1) may 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 
existed; however, where a trial decision invalidating a trademark right has 
become final and conclusive under paragraph (1)( iv) of this Article, the 
trademark right shall be deemed not to have existed from the time when the 
trademark registration is made applicable under the said paragraph. 
(4) 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 IPIN/1IKORlT/1 
Page 36 
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 trademark, a request for an invalidation trial may be 
made for each of the designated goods: 
( i ) deleted. 
( i i) the registration for the renewal has been effected contrary to Article 
43(2); 
(iii) the registration for the renewal has been applied 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. 
(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 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 anyone of the following subparagraphs: 
( i ) deleted. 
( i i) the owner of the trademark right intentionally uses a trademark similar to 
the registered mark on the designated goods or uses the registered 
trademark, or a trademark similar thereto, on goods similar to the 
designated goods in a manner which 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 party to use its collective mark in violation of the provisions of the statutes of the association; IP/N/IIKORlT/l 
Page 37 
(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) has been registered and the 
owner of the original trademark requests a trial for cancellation within 
five years from the date of registration of such trademark; or 
(viii) the exclusive or non-exclusive 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 confusion 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 persons 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 respect 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 reasons referred to under 
paragraph (1)( iii) of this Article, a trial for cancellation may be requested for 
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 reasons referred to under 
paragraph (1)( iii) of this Article the owner of the trademark right shall not 
avoid the cancellation of the registration of the 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 justifiable 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 the 
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 referred to under paragraph (1)( ii), (vi), (viii) or (ix) may be IP /N/1/KORlT /1 
Page 38 
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 licensee 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 for 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 cancellation of an exclusive or non­
exclusive license under paragraph (1) of this Article. 
(4) Where a trial decision ordering the cancellation of the registration of an 
exclusive or non-exclusive license has become final and conclusive, the 
exclusive 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 pe' 'ns who have any registered right with respect to the exclusive or 
non-exl..,usive license of the demand. 
Article 75 Trial to Confirm Scope of Trademark Right 
The owner of a trademark right or an interested person 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 registration and the registration for 
the renewal of term of a trademark right under Articles 7(1 )(vi) to (ix), and (x 
iv), 8, and 72( 1 )( i i) shall not be requested after five years from the date of 
registration of the trademark or from the date of registration for the renewal 
of term of the trademark right. IPINIlIKORlTIl 
Page 39 
(2) A trial for cancellation of a trademark registration and of the registration of 
an exclusive or non-exclusive license under Articles 73 (1) (i i), (v), (vi), 
(Yiii) and (ix) and 7 4( 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 Act 
Articles 139, 140 and 141 to 166 of the Patent Act shall apply mutatis 
mutandis to a trial. 
Article 78 Deleted 
Article 79 Formal Requirements for Requesting a Trial against Examiner's 
Ruling of Refusal or the Decision of Rejection of Amendment 
(1) A person who requests a trial against an examiner's ruling of refusal 
under Article 70bis or a trial against the decision of rejection of amendment 
under Article 70ter shall submit his request in writing to the President of the 
Industrial Property Tribunal stating the following: 
( i ) the name and domicile of the applicant and agent (in the case of a 
legal entity, the title, the place of business and the name of its 
representative) ; 
( i i) the number and date of the application which is the subject of the 
rejection; 
(iii) the designated goods and the classes of the goods; 
(iv) the date of the examination or decision by the examiner; 
( v ) the identification number of the trial case; 
( vi) the purpose and reasons for the request; and 
(vii) the date of submission of the request. 
(2) Where a trial against an examiner's ruling of refusal has been requested 
under Article 70bis, the President of the Industrial Property Tribunal shall 
notify the opponent of the request for the trial if the ruling 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 Ruling of Refusal IP /N/lIKORlT /1 
Page 40 
(1) Articles 15, 17, 18, 23(2), 24 to 30, 45(2) and 48(2) shall apply mutatis 
mutandis to a trial against a ruling of refusal; however, Article 24 shall not 
apply where an application for trademark registration or supplementary 
registration of designated goods have already been published. 
(2) In the case of Article 17 being applied under paragraph (1) of this Article, 
"where an applicant has requested a trial against the decision of rejection of 
amendment under Article 70ter" in Article 17(3) shall mean "where a Actsuit 
is brought under Article 186( 1) of the Patent Act as applied under Article 
86(2) of the Trademark Act"; 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) and 48(2) applied under paragraph (1) of 
this Article shall apply mutatis mutandis where reasons for refusal other than 
those which were contained in the ruling of refusal are found. 
Article 82 Special Provisions of Trial against the Ruling of Refusal or the 
Decision of Rejection of Amendment 
(1) Articles 172 and 176 of the Patent Act shall apply mutatis mutandis to the 
trial on the ruling of refusal and the decision of rejection of amendment. 
(2) Articles 147 (1) and (2),155 and 156 of the Patent Act which are 
applicable mutatis mutandis under Article 77 shall not apply to the trial 
against the ruling of refusal as referred to in Article 70bis and the decision of 
rejection of amendment as referred to in Article 70ter. 
CHAPTER vm 
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. 
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, IP/N/IIKORlTIl 
Page 41 
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 initial trial shall be made joint 
defendants. 
Article 85 Restriction on 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 but before the request for 
retrial has been registered, where: 
( i ) the trademark registration or the registration for renewal of term of the 
trademark right which was invalidated has been restored by a retrial; 
( i i ) 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 Act 
(1) Articles 180 and 184 of the Patent Act and Article 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 Act shall apply mutatis 
mutandis to litigation under the Trademark Act. In the case of Article 186(1) 
of the Patent Act, "Article 51(1), as applied under Article 170(1) (including, 
where applicable, mutatis mutandis application under Article 184)" shall 
mean "Article 17(1), as applied under Article 81 (1 )(including Article 86(1), 
and where applicable mutatis mutandis under Article 184 of Patent Act)" and 
"Articles 133(1), 134(1), 135(1), 137(1), (3) and 138(1)" in the provisions of 
Article 187 of the Patent Act shall mean "Articles 71 (1), 72(1), 73(1) and (2), 
74(1) and 75". 
CHAPTER IX 
SUPPLEMENTARY PROVISIONS 
Article 87 Inspection of Documents, etc. 
A person who requires a certification as to the application for trademark IP/N/1/KORlTIl 
Page 42 
registration, a certificate for trial, a certified copy or extract of documents, 
inspection or copy from the Trademark Register, or other documents may 
make a request to that effect to the Commissioner of the Korean Industrial 
Property Office or the President of the Industrial Property Tribunal. 
Article 88 Prohibition of Opening or Removal 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 
application for trademark registration, examination, trial or retrial or as to 
the contents of a decision or ruling. 
Article 89 Trademark Gazette 
(1) The Korean Industrial Property Office shall publish the Trademark 
Gazette. 
(2) The Trademark Gazette may be published by electronic media under the 
conditions as determined by the Ordinance of the Ministry of Commerce, 
Industry and Energy. 
(3) In publishing the Trademark Gazette by electronic media, the 
Commissioner of the Korean Industrial Property Office shall make public 
matters relating to the publication of the Trademark Gazette, its main 
contents, and service by publication. 
(4) Matters to be inserted in the Trademark Gazette shall be determined by 
the Presidential Decree. 
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 designated 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; IP/N/IIKORlTIl 
Page 43 
( i i) indicating a trademark which is not registered or applied for a 
trademark registration, on advertisements, signboards, labels or 
packaging of goods or other business transaction documents, etc, as if it 
was a registered trademark 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 
confusion, in case the registered trademark is used on goods other than 
the designated goods. 
(2) Acts indicating a trademark under paragraph (1)( i ) and (i i) of this 
Article shall include the goods and packaging, advertisement, signboards, or 
labels which have become shapes of marks. 
Article 91 bis Special Provision on a Trademark etc. similar to Registered 
Trademark 
(1) "The registered trademark" as referred 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 trademark" as referred to under 
subparagraph 1 of Article 66 and Article 73 (1) ( i i) 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. 
Article 92 Mutatis Mutandis Application of Provisions of the Patent Act 
Articles 217-2 to 220, 222 and 224-2 of the Patent Act 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 five years or to a fine not 
exceeding 50,000,000 Won. IPINIlIKORlTIl 
Page 44 
Article 94 Offense of Perjury 
(1) Where a witness, expert witness, or interpreter, having taken an oath 
under Act, made a false statement or given a false expert opinion or 
interpreted falsely before the Industrial Property Tribunal, such person shall 
be liable to imprisonment with labor not exceeding five years or to a fine not 
exceeding 5,000,000 Won. 
(2) Any person having committed an offense under paragraph (1) of this 
Article who reveals the offense prior to the conclusion of the examination of 
the case, prior to the examiner's decision being rendered or prior to a trial 
decision on the case becoming final and conclusive may be partially or totally 
exempted from the application of the penalty. 
Article 95 Offense of False Marking 
Any person who has violated Article 91 shall be liable to imprisonment with 
labor not exceeding three years or to a fine not exceeding 20,000,000 Won. 
Article 96 Offense of Fraud 
Any person who has obtained a trademark registration, the supplementary 
registration of designated goods, the registration for renewal of term of a 
trademark right 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 5,000,000 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, the legal entity or natural person, in addition to the offender, shall be 
sentenced to the fine provided for in those respective Articles. 
Article 97 bis Confiscation 
(1) Trademarks or packagings infringing on the trademark rights or exclusive 
use rights of another under Article 93, or obtained by such infringement 
actions, or machinery used for the production of goods, trademarks, or 
packagings shall be confiscated. 
(2) Goods which may be easily detached from their trademarks or 
packagings for the purpose of removing the infringement and which does not IP/N/IIKORlTIl 
Page 45 
effect the function and/or feature of those goods may not be confiscated, 
notwithstanding paragraph (1) of this Article. 
Article 98 Administrative Fine 
(1) Any person who has committed an act in violation 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 
Industrial Property Tribunal; 
( i i) a person who was ordered by the Industrial 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 Industrial Property Tribunal as a 
witness, expert witness or interpreter but failed to comply with the 
subpoena or has refused to take an oath, make a statement, testify, give 
an expert opinion or interpret, without justifiable reasons. 
(2) The administrative fine referred to in paragraph (1) of this Article shall be 
imposed and collected by the Commissioner of the Korean Industrial 
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 Industrial Property Office within thirty days from the date of 
notification of the imposition. 
(4) The Commissioner of the Korean Industrial Property Office shall, upon 
receipt of a protest under paragraph (3) of this Article, notify the competent 
court without delay, which shall then adjudicate the case of the 
administrative fine according to the provisions of the Act on Non -
Contentious Procedures. 
(5) Where no objection has been raised within the period prescribed in 
paragraph (3) of this Article and where the fine has not been paid, the 
Commissioner of the Korean Industrial 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. 
ADDENDA 
Article 1 Enforcement Date 
This Act shall enter into force on January 1, 1999. 
Article 2 through 5 Omitted. IP/N/IIKORlT/l 
Page 46 
ENFORCEMENT DECREE 
OF 
THE TRADEMARK ACT 
As last amended by Pres i dent i al Decree No. 15578, Dec. 31, 1997 
Articl.e.L ..... Matt.crs .. c.oDc.crningJJ.se .. oLCollccth:e.Mark.Jo.be . .lns.erte.djD.Artic.les .. olAss.ociatioD 2 
Article 2 Transfer of ColIectiye Mark Registration Application, etc .......................................... 2 
Article 2-2 Standards, etc. for Specialized Investigation Institution .......................................... 2 
Article 2-3 Procedures, etc. for Request of Trademark Retrieval .............................................. 2 
Article .. 3. ........ Tr.adelllllrk..Gaz.ctte ...................................................................................................... 3 
Article 4 Imposition of Fine for Negligence ................................................................................ 4 
Article 5 Proyisions to he Applied Mutatis Mutandis ................................................................. 4 
ADDENDIJM ................................................................................................................................... 4 IPINIlIKORlTIl 
Page 47 
Article 1 Matters concerning Use of Collective Mark to be Inserted in Articles of 
Association 
F or the purpose of Article 9 (3) of the Trademark Act (hereinafter referred to as the 
"Act"), the term "matters concerning the use of the collective mark as prescribed by the 
Presidential Decree" means the following matters: 
1. Matters concerning the scope of persons using the collective mark; 
2. Matters concerning the conditions to use the collective mark; 
3. Matters concerning the sanction against those violating the provIsIOns of 
subparagraph 2; and 
4. Other matters necessary for using the collective mark. 
Article 2 Transfer of Collective Mark Registration Application, etc. 
Any person who desires to obtain permission on transfer of a collective mark 
registration application as prescribed in the proviso of Article 12 (9) of the Act and that 
on transfer of the collective mark right as prescribed in the proviso of Article 54 (9) of 
the Act, shall file an application for permission on transfer as prescribed by the 
Ordinance of the Ministry of Industry and Energy, with the Commissioner of the 
Korean Industrial Property Office together accompanied by the following documents: 
1. Documents certifying the merger of corporations; and 
2. Articles of association of the corporation existing after the merger. In this case, the 
articles of association shall include such matters as referred to in subparagraphs of 
Article 1. 
Article 2-2 Standards, etc. for Specialized Investigation Institution 
(1) The Commissioner of the Korean Industrial Property Office may designate a juristic 
person who possesses literature, manpower and equipment, etc. necessary to retrieve 
trademarks under Article 22-2 (3) of the Act as a specialized investigation institution 
referred to in Article 22-2 (1) of the Act (hereinafter referred to as a "specialized 
investigation institution"). 
(2) Any specialized investigation institution designated under paragraph (1) shall, in 
carrying out business other than retrieval business, ensure that retrieval business should 
not be impartial by discharging its business. 
(3) Any person who desires to be designated as a specialized investigation institution 
shall submit an application for specialized investigation institution accompanied by 
documents which state the present conditions of literature, manpower and equipment 
which the institution possesses to the Commissioner of the Korean Industrial Property 
Office. 
Article 2-3 Procedures, etc. for Request of Trademark Retrieval IP/NIl/KORlTIl 
Page 48 
(1) The Commissioner of Korean Industrial Property Office may request a specialized 
investigation institution to retrieve a trademark for an application for a trademark which, 
he deems, requires retrieval. 
(2) Where the head of a specialized investigation institution has received a request for 
trademark retrieval referred to in paragraph (1) from the Commissioner of the Korean 
Industrial Property Office, he shall notify promptly the results of the retrieval in writing 
to the Commissioner o(the Korea Industrial Property Office. 
(3) Where the results of a retrieval referred to in paragraph (2) are deemed 
unsatisfactory, the Commissioner of the Korean Industrial Property Office may request 
the specialized investigation institution for a new retrieval thereon by specifying the 
scope, etc. of retrieval. 
(4) The provisions of paragraph (2) shall apply mutatis mutandis to a new retrieval 
listed in paragraph (3). 
Article 3 Trademark Gazette 
The Trademark Gazette as prescribed in Article 89 (1) of the Act shall include the 
following matters: 
1. For the public notice on application as prescribed in Article 24 (2) of the Act 
(including the case where it is applicable mutatis mutandis under Articles 49 (2) and 
81 (1) of the Act), the following matters: 
(a) Name and address of the applicant (in case of a juristic person, its title and place 
of business, and the name of its representative); 
(b) Trademark; 
(c) Designated goods and classification of categories thereof; 
(d) Number and date of the application; 
(e) Number and date of the public notice on application; 
(t) Indications which identify colors or three-dimensional trademarks; 
(g) Registration number of registered trademark to which designated goods are to be 
added, or number of the trademark registration application (limited to an 
additional registration application for designated goods); 
(h) Matters other than those as referred to in items (a) through (g), which are related to a 
trademark registration application or additional registration application for 
designated goods; and 
(i) Where it has been made a decision of publication by reason that it falls under 
Article 6 (2) of the Act, its purport. 
2. Matters other than those as referred to in subparagraph 1, which are to be inserted 
under the Act and this Decree; and 
3. Matters concerning the trademark, which are deemed necessary to be inserted by the 
Commissioner of the Korean Industrial Property Office. Article 4 Imposition of Fine for Negligence IP /N11/KORlT 11 
Page 49 
(1) When the Commissioner of the Korean Industrial Property Office imposes the fine 
for negligence under Article 98 (2) of the Act, he shall investigate and confirm the 
off en se, and notify in writing the person who is subject to the disposition of the fine for 
negligence, of payment thereof with the fact of offense and the amount of the fine for 
negligence specified. 
(2) If the Commissioner of the Korean Industrial Property Office desires to impose the 
fine for negligence under paragraph (1), he shall give the person who is subject to the 
disposition of the fine for negligence, an opportunity to state orally or in writing his 
opinion in a fixed period of ten or more days. In this case, if he fails to state his opinion 
by the designated time without any justifiable reason, he shall be considered to have no 
OpInIOn. 
(3) In determining the amount of the fine for negligence, the Commissioner of the 
Korean Industrial Property Office shall take into consideration the motive and 
consequence of the offense. 
(4) The collection procedure of the fine for negligence shall be determined by the 
Ordinance of the Ministry of Industry and Energy. 
Article 5 Provisions to be Applied Mutatis Mutandis 
(1) The provisions of Articles 1, 17 and 18 of the Enforcement Decree of the Patent Act 
shall apply mutatis mutandis to the application, requests and other procedures relating to 
the trademark registration. 
(2) The provisions of Article 8 of the Enforcement Decree of the Patent Act shall apply 
mutatis mutandis to the examiner, the trial examiner, the chief examiner and the 
Director of the Patent Tribunal. 
ADDENDUM 
This Decree shall enter into force on March 1, 1998.