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TRADEMARK ACT
[Enforcement Date 23. Jun, 2021.] [Act No.17728, 22. Dec, 2020., Partial
Amendment]
특허청 (상표심사정책과)042-481-5377
법제처 국가법령정보센터
www.law.go.kr
2023.03.06
법제처                                                            1                                                       국가법령정보센터
「TRADEMARK ACT」 
TRADEMARK ACT 
[Enforcement Date 23. Jun, 2021.] [Act No.17728, 22. Dec, 2020., Partial Amendment] 
특허청 (상표심사정책과) 042-481-5377 
 
            CHAPTER I GENERAL PROVISIONS
 
Article 1 (Purpose) The purpose of this Act is to contribute to industrial development and to protect the
interests of consumers by ensuring the maintenance of the business reputation of persons using trademarks
through the protection of trademarks.
 
Article 2 (Definitions) (1) The terms used in this Act are defined as follows:
1. The term "trademark" means a mark used to distinguish goods (including services or goods related to the
provision of services except goods on which a geographical indication is used; hereinafter the same shall 
apply) of one business from those of others; 
2. The term "mark" means all indications used to identify the source of goods, irrespective of the
composition or methods of the expression thereof, which include any sign, letter, figure, sound, smell, 
three-dimensional shape, hologram, movement, color, etc.; 
3. The term "collective mark" means a mark intended to be used directly by a corporation jointly
incorporated by persons who produce, manufacture, process or sell goods, or who provide services, or 
intended to be used by its members; 
4. The term "geographical indication" means an indication used to identify goods produced, manufactured, or
processed in a specific area in cases where a certain quality, reputation or other characteristic of goods has 
essentially originated from such specific area; 
5. The term "homonymous geographical indication" means a geographical indication for the same goods
which shares the same pronunciation with a geographical indication of other goods, but the relevant 
geographical location is different from that other indication; 
6. The term "collective mark with geographical indication" means a mark intended to be used directly by a
corporation jointly incorporated by persons who produce, manufacture, or process goods on which a 
geographical indication may be used, or is intended to be used by its members; 
7. The term "certification mark" means a mark used by a person who commercially certifies and manages the
quality, place of origin, methods of production, or other characteristics of goods to certify that goods of 
others meet quality criteria, the place of origin, methods of production, or other characteristics; 법제처                                                            2                                                       국가법령정보센터
「TRADEMARK ACT」 
8. The term "certification mark with geographical indication" means a mark used by a person who
commercially certifies a geographical indication to certify that goods of others meet specified geographical 
characteristics; 
9. The term "business emblem" means a mark used by a person who engages in not-for-profit business to
identify his or her business; 
10. The term "registered trademark" means a trademark which has been registered;
11. The term "use of a trademark" means any of the following:
(a) Displaying a trademark on goods or packages of goods; 
(b) Transferring or delivering goods or packages of goods on which a trademark is displayed, or exhibiting, 
exporting, or importing such goods for the purpose of transfer or delivery; 
(c) Displaying a trademark on advertisements for goods, price tags, transaction documents, or other means, 
and exhibiting or giving wide publicity to the trademark. 
(2) Displaying a trademark under the items of paragraph (1) 11 includes displaying a trademark through any
of the following methods:
1. Displaying a trademark in the shape of a mark or by means of sound or smell;
2.  Displaying  a  trademark  through  an  electronic  method  on  information  provided  through  a
telecommunications  line. 
(3) Except as otherwise provided in this Act, the provisions concerning trademarks shall apply to collective
marks, certification marks, or business emblems.
(4) Except as otherwise provided in this Act, the provisions concerning collective marks with geographical
indication shall apply to certification marks with geographical indication.
 
Article 3 (Persons Entitled to Registration of Trademark) (1) Any person who uses or intends to use a
trademark in the Republic of Korea may obtain registration of his or her trademark: Provided, That no
employee of the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board shall
obtain registration of a trademark while he or she is in office, except by inheritance or bequest.
(2) Any corporation (in cases of a collective mark with geographical indication, limited to a corporation
comprised of persons who produce, manufacture or process goods on which such geographical indication
may be used) jointly incorporated by persons who produce, manufacture, process or sell goods, or provide
services may obtain registration of its collective mark. <Amended on Apr. 17, 2018>
(3) Any person who may commercially certify and manage the quality, place of origin, methods of production
or other characteristics of goods may obtain certification mark registration only to use it to certify that goods
of others satisfy the specified quality, place of origin, methods of production, or other characteristics:법제처                                                            3                                                       국가법령정보센터
「TRADEMARK ACT」 
Provided, That where he or she intends to use the certification mark on goods for his or her own business,
he or she shall not obtain registration of the certification mark.
(4) Notwithstanding paragraph (3), no person who files an application for a trademark, collective mark or
business emblem, or obtains registration thereof shall obtain registration of a mark identical or similar to
such trademark, etc. as a certification mark.
(5) No person who files an application for a certification mark, or obtains registration thereof shall obtain
registration of a mark identical or similar to such certification mark as a trademark, collective mark, or
business emblem.
(6) Any person who engages in not-for-profit business in the Republic of Korea may obtain registration of his
or her business emblem.
 
Article 4 (Legal Capacity of Minors) (1) A minor, a person under limited guardianship (only applicable
where there is a legal representative related to trademark rights or rights relating to trademarks) or a person
under adult guardianship may file an application or make a request for trademark registration or follow other
procedures (hereinafter referred to as "trademark-related procedures") only through his or her legal
representative: Provided, That the foregoing shall not apply where a minor or a person under limited
guardianship can independently perform a juridical act.
(2) A legal representative under paragraph (1) may follow procedures concerning a formal objection
(hereinafter referred to as "formal objection") to trademark registration under Article 60 filed, or a trial or
retrial requested by the other party without the consent of a legal guardian.
 
Article 5 (Unincorporated Associations) Where the representative or manager of an unincorporated
association or foundation is designated, such association or foundation may become an applicant for a
formal objection to trademark registration under Article 60 (1), or the party to a trial or retrial under the
name of such association or foundation.
 
Article 6 (Trademark Manager of Non-Resident) (1) Except where a person who is not domiciled or
does not have his or her place of business in the Republic of Korea (hereinafter referred to as "non-resident")
resides in the Republic of Korea, the non-resident (in cases of a corporation, referring to the representative
thereof) may follow trademark-related procedures or bring a lawsuit against dispositions made by an
administrative authority in accordance with this Act or an order issued under this Act only through a person
who is domiciled or has his or her place of business in the Republic of Korea as an agent managing the
trademark of the non-resident (hereinafter referred to as "trademark manager").법제처                                                            4                                                       국가법령정보센터
「TRADEMARK ACT」 
(2) A trademark manager shall represent his or her principal in a lawsuit with respect to trademark-related
procedures or a disposition made by an administrative authority in accordance with this Act or an order
issued under this Act, within the scope of authority delegated to him or her.
 
Article 7 (Scope of Agency Authority) No agent to whom authority to follow trademark-related
procedures is delegated (including a trademark manager; hereinafter the same shall apply) by a person who
is domiciled or has his or her place of business in the Republic of Korea shall perform any of the following,
unless the special authority is delegated to him or her:
1. Abandonment or withdrawal of an application for trademark registration under Article 36 (hereinafter
referred to as "application for trademark registration"); 
2. Modification of an application under Article 44;
3. Withdrawal of any of the following applications:
(a) An application (hereinafter referred to as "application to register the renewal of the duration") for 
registration to renew the duration of trademark rights under Article 84 (hereinafter referred to as 
"registration to renew the duration"); 
(b) An application for additional registration of goods additionally designated pursuant to Article 86 (1) 
(hereinafter referred to as "application for registration of additional designated goods"); 
(c) An application under Article 209 (2) (hereinafter referred to as "application for registration of the 
conversion of the classification of goods") for registration of the conversion of the classification of 
goods under Article 211 (hereinafter referred to as "registration of the conversion of the classification of 
goods"); 
4. Relinquishment of trademark rights;
5. Withdrawal of an application;
6. Withdrawal of a request;
7. Request for a trial under Article 115 or 116;
8. Appointment of a subagent.
 
Article 8 (Certification of Agency Authority) The authority of an agent who follows trademark-related
procedures shall be certified in writing.
 
Article 9 (Confirmation of Defects in Legal Capacity) Procedures followed by a person who has no
legal capacity or authority of legal representation, or who has any defect in the delegation of authority
necessary to follow trademark-related procedures shall take effect retroactive to the time he or she
performed an act if the party whose defect has been rectified or his or her legal representative confirms such법제처                                                            5                                                       국가법령정보센터
「TRADEMARK ACT」 
procedures.
 
Article 10 (Non-Extinguishment of Agency Authority) No authority of an agent delegated by a person
who follows trademark-related procedures shall be extinguished despite any of the following grounds:
1. Death or loss of legal capacity of the principal;
2. Extinguishment of the right of representation by the merger of a corporation who is the principal;
3. Completion of the duty of trust of a trustee who is the principal;
4. Death or loss of legal capacity of the legal representative;
5. Extinguishment or alteration of the agency authority of the legal representative.
 
Article 11 (Individual Representation) Where at least two agents are appointed to follow trademark-
related procedures, each agent shall act for the principal vis-a-vis the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board.
 
Article 12 (Orders to Appoint or Replace Agent) (1) Where the Commissioner of the Korean Intellectual
Property Office or the presiding judge designated pursuant to Article 131 (1) (hereinafter referred to as
"presiding judge") deems a person who follows trademark-related procedures incompetent to follow such
procedures, such as where the person is deemed to ineffectively perform such procedures or to be unable to
make a statement at an oral hearing, he or she may order such person’s agent, if any, to follow the
procedures.
(2) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge deems that the
agent of a person who follows trademark-related procedures is incompetent to follow such procedures, such
as where such agent is deemed to ineffectively perform the procedures or to be unable to make a statement
at an oral hearing, he or she may order such person to replace his or her agent.
(3) In cases falling under paragraphs (1) and (2), the Commissioner of the Korean Intellectual Property Office
or the presiding judge may order a person who falls under paragraphs (1) and (2) to require a patent
attorney to act for him or her.
(4) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge gives an order
to appoint or replace an agent pursuant to paragraph (1) or (2), he or she may invalidate all or some of the
trademark-related procedures followed by the person who follows the trademark-related procedures or the
agent before being replaced with respect to the Commissioner of the Korean Intellectual Property Office or
the President of the Intellectual Property Trial and Appeal Board before an agent is appointed under
paragraph (1) or replaced under paragraph (2) at the request of the person who follows the trademark-
related procedures.법제처                                                            6                                                       국가법령정보센터
「TRADEMARK ACT」 
Article 13 (Representative of Multiple Relevant Persons) (1) Where at least two persons jointly apply
for trademark registration or request a trial, and follow procedures related to such application or trial, each
person shall represent all the persons except in any of the following cases: Provided, That where they have
selected their representative and reported their representative to the Commissioner of the Korean Intellectual
Property Office or the Chief Judge of the Intellectual Property Trial and Appeal Board, their representative
shall represent all such persons:
1. Abandonment or withdrawal of an application for trademark registration;
2. Modification of an application under Article 44;
3. Withdrawal of any of the following applications:
(a) An application to register the renewal of the duration; 
(b) An application for registration of additional designated goods; 
(c) An application for registration of the conversion of the classification of goods; 
4. Withdrawal of an application;
5. Withdrawal of a request;
6. Request for a trial under Article 115 or 116;
(2) Where at least two persons report their representative pursuant to the proviso, with the exception of the
subparagraphs, of paragraph (1), they shall certify in writing that they have selected their representative.
 
Article 14 (Application Mutatis Mutandis of the Civil Procedure Act) Except as otherwise provided
in this Act, PART I CHAPTER II SECTION 4 (Articles 87 through 97) of the Civil Procedure Act shall apply to all
agents.
 
Article 15 (Jurisdiction over Non-Residents) Where a trademark manager has been appointed in relation
to trademark rights or rights relating to a trademark of a non-resident, the domicile or the place of business
of such trademark manager shall be deemed a place where assets under Article 11 of the Civil Procedure Act
are located, and where there is no trademark manager, the seat of the Korean Intellectual Property Office
shall be deemed a place where assets under Article 11 of the Civil Procedure Act are located.
 
Article 16 (Computation of Period of Time) The period prescribed by this Act or an order issued under
this Act shall be computed as follows:
1. The first day of the period shall not be included in the computation: Provided, That the foregoing shall not
apply where the period begins from 0:00 am; 
2. Where the period is set in months or years, the period shall be computed in accordance with calendar
units; 법제처                                                            7                                                       국가법령정보센터
「TRADEMARK ACT」 
3. Where the period is not computed from the beginning of a month or year, the period shall expire on the
day preceding the day corresponding to the day from which the reckoning is made in the last month or 
year: Provided, That where no day corresponds thereto in the last month if the period is set in months or 
years, the period shall expire on the last day of such month; 
4. Where the last day of a period is a public holiday (including a Saturday and the Workers' Day under the
Designation Workers' Day Act) in the trademark-related procedures, the period shall expire on the day 
following such public holiday. 
 
Article 17 (Extension of Period) (1) The Commissioner of the Korean Intellectual Property Office may
extend any of the following periods only once by not exceeding 30 days at the request of a party or ex
officio: Provided, That in cases of persons living in a remote area with inconvenient traffic, such as islands or
remote rural areas, the Commissioner of the Korean Intellectual Property Office may additionally extend the
number of times and periods, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. Period for amending grounds, etc. for filing a formal objection under Article 61;
2. Period for requesting a trial against a decision to reject amendment under Article 115;
3. Period for requesting a trial against a decision to reject under Article 116.
(2) Where the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual
Property Trial and Appeal Board, the presiding judge or an examiner under Article 50 (hereinafter referred to
as "examiner") has set a period during which a person shall follow trademark-related procedures pursuant to
this Act, he or she may shorten or extend such period at the request of a person who follows trademark-
related procedures or his or her agent, or ex officio. In such cases, the Commissioner of the Korean
Intellectual Property Office, etc. shall determine whether to shorten or extend the period so as not to
unreasonably infringe interests of persons interested in the relevant procedures.
(3) Where the presiding judge or an examiner has set a period during which a person is to follow trademark-
related trademark-related procedures pursuant to this Act, he or she may change such period at the request
of a person who follows trademark-related procedures or his or her agent, or ex officio.
 
Article 18 (Invalidation of Procedures) (1) Where a person ordered to make an amendment under Article
39 (including where it is applied mutatis mutandis in Article 212) fails to make such amendment within the
designated period, the Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board may invalidate the relevant trademark-related procedures.
(2) Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual
Property Trial and Appeal Board deems that a person ordered to make an amendment has failed to observe
the designated period in extenuating circumstances, even though he or she has invalidated trademark-related법제처                                                            8                                                       국가법령정보센터
「TRADEMARK ACT」 
procedures pursuant to paragraph (1), he or she may revoke the invalidation thereof at the request of the
person ordered to make an amendment within two months from the date such grounds cease to exist:
Provided, That the foregoing shall not apply where one year has elapsed from the expiration date of the
designated period.
(3) Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual
Property Trial and Appeal Board invalidates procedures under paragraph (1) or revokes the invalidation
thereof under the main clause of paragraph (2), he or she shall serve a notice of his or her action on a
person ordered to make an amendment.
 
Article 19 (Subsequent Completion of Procedures) Where a person who follows trademark-related
procedures fails to observe the any of the following periods in extenuating circumstances, he or she may
subsequently complete the procedures within two months from the date such grounds cease to exist:
Provided, That the foregoing shall not apply where one year has elapsed from the expiration date of the
period:
1. Period for requesting a trial against a decision to dismiss an amendment under Article 115;
2. Period for requesting a trial against a decision to reject under Article 116;
3. Period for requesting a retrial under Article 159 (1).
 
Article 20 (Succession to Effects of Procedures) Procedures followed relating to trademark rights or
rights relating to a trademark shall have effect on a successor of such trademark rights or rights relating to a
trademark.
 
Article 21 (Continuation of Procedures) Where trademark rights or rights relating to a trademark are
transferred when trademark-related procedures are pending in the Korean Intellectual Property Office or the
Intellectual Property Trial and Appeal Board, the Commissioner of the Korean Intellectual Property Office or
the President of the Intellectual Property Trial and Appeal Board may require a successor to such trademark
rights or the rights relating to such trademark to continue such procedures.
 
Article 22 (Suspension of Procedures) Where any of the following grounds arises when trademark-
related procedures are pending in the Korean Intellectual Property Office or the Intellectual Property Trial and
Appeal Board, such procedures shall be suspended: Provided, That the foregoing shall not apply where an
agent is delegated to follow the procedures:
1. Where a party dies;
2. Where a corporation which is a party is liquidated;법제처                                                            9                                                       국가법령정보센터
「TRADEMARK ACT」 
3. Where a party loses the capacity to follow the procedures;
4. Where a party’s legal representative dies or loses his or her agency authority;
5. Where a trustee completes his or her duty entrusted by a party;
6. Where the agent under the proviso, with the exception of the subparagraphs, of Article 13 (1) dies or is
disqualified; 
7. Where a person with a certain qualification who has become a party in his or her name for another
person, such as a trustee in bankruptcy, is disqualified or dies. 
 
Article 23 (Resumption of Suspended Procedures) Where procedures pending in the Korean
Intellectual Property Office or the Intellectual Property Trial and Appeal Board are suspended pursuant to
Article 22, any of the following persons shall resume such procedures:
1. In cases falling under subparagraph 1 of Article 22: The successor thereof, an executor of inherited
property or a person who will proceed with procedures in accordance with statutes: Provided, That the 
successor shall not resume such procedures for a period during which he or she may relinquish his or her 
inheritance; 
2. In cases falling under subparagraph 2 of Article 22: A corporation which is incorporated in the course of
the merger or which survives after the merger; 
3. In cases falling under subparagraphs 3 and 4 of Article 22: A party who regains his or her capacity to
follow the procedures or a person who becomes the legal representative; 
4. In cases falling under subparagraph 5 of Article 22: A new trustee;
5. In cases falling under subparagraph 6 of Article 22: A new representative or each party;
6. In cases falling under subparagraph 7 of Article 22: A person who possesses a certain qualification, such as
a trustee in bankruptcy. 
 
Article 24 (Application for Resumption) (1) A person specified in any subparagraph of Article 23 and the
other party may apply for resuming procedures suspended pursuant to Article 22.
(2) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge receives an
application for resuming procedures suspended pursuant to Article 22, he or she shall notify a person
specified in any subparagraph of Article 23 or the other party of the receipt thereof.
(3) Where the Commissioner of the Korean Intellectual Property Office or an examiner under Article 129
(hereinafter referred to as "examiner") deems that no grounds exist as a result of his or her examination on
an application for resuming procedures suspended pursuant to Article 22ex officio, he or she shall dismiss
such application by decision.법제처                                                            10                                                       국가법령정보센
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「TRADEMARK ACT」 
(4) Where a person specified in any subparagraph of Article 23 fails to resume procedures suspended, the
Commissioner of the Korean Intellectual Property Office or an examiner shall order such person to resume
such procedures, fixing a period ex officio.
(5) Where a person ordered to resume procedures suspended pursuant to paragraph (4) fails to resume such
procedures within the period under paragraph (4), he or she shall be deemed to have taken over such
procedures on the day following the expiration of the period.
(6) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge deems that a
person has resumed procedures pursuant to paragraph (5), he or she shall notify the relevant party
accordingly.
 
Article 25 (Suspension of Procedures) (1) Where the Commissioner of the Korean Intellectual Property
Office or an examiner is unable to perform any of his or her duties due to a natural disaster or other
extenuating circumstances, procedures pending in the Korean Intellectual Property Office or the Intellectual
Property Trial and Appeal Board shall be suspended until such circumstance ceases to exist.
(2) Where any problem prevents a party from continuing procedures pending in the Korean Intellectual
Property Office or the Intellectual Property Trial and Appeal Board, the Commissioner of the Korean
Intellectual Property Office or an examiner may order the suspension of such procedures by decision.
(3) The Commissioner of the Korean Intellectual Property Office or an examiner may revoke his or her
decision under paragraph (2).
(4) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge suspends
procedures under paragraphs (1) and (2) or revokes his or her decision under paragraph (3), he or she shall
notify the relevant party accordingly.
 
Article 26 (Effects of Interruption or Suspension) Where trademark-related procedures are interrupted
or suspended, the running of the relevant period shall be suspended and the entire period shall recommence
from the time the resumption of the procedures is notified or such procedures are continued.
 
Article 27 (Legal Capacity of Foreigners to Hold Rights) No non-resident foreigner shall be entitled to
enjoy trademark rights or the rights relating to the trademark, except in any of the following cases:
1. Where a state to which such foreigner is a citizen recognizes trademark rights or the rights relating to the
trademark owned by a citizen of the Republic of Korea on the same conditions as those of its citizen; 
2. Where a state to which such foreigner belongs recognizes trademark rights or the rights relating to the
trademark owned by a citizen of the Republic of Korea on the same conditions as those of its citizen, when 
the Republic of Korea recognizes trademark rights or the rights relating to the trademark owned by such 법제처                                                            11                                                       국가법령정보센
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「TRADEMARK ACT」 
foreigner; 
3. Where trademark rights or the rights relating to the trademark is recognized in accordance with a treaty or
equivalent thereto (hereinafter referred to as "treaty"). 
 
Article 28 (Time When Submission of Documents Takes Effect) (1) Any written application, written
request, or other document (including goods; hereafter in this Article, the same shall apply) submitted to the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board pursuant to this Act or an order issued under this Act shall take effect from the date such
written application, written request or other document is served on him or her.
(2) Where a written application, written request or other document under paragraph (1) is submitted to the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and
Appeal Board by mail, such written application, written request or other document shall be deemed served
on him or her on the following dates: Provided, That where a written application for registration of trademark
rights or the rights relating to the trademark is submitted by mail, such written application shall take effect
from the date the written application is served on him or her:
1. Where the date indicated on the correspondence date stamp under the statutes or regulations related to
postal service is clear: The date indicated; 
2. Where the date indicated on the correspondence date stamp under statutes or regulations related to
postal service is unclear: The date a written application, written request or other document is submitted to 
a post office (referring to the date proved by a certificate of the receipt of mail). 
(3) Except as provided in paragraphs (1) and (2), delay in the delivery of mail, loss or theft of mail, and
matters necessary to submit documents due to the interruption of postal service shall be prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 29 (Entry of Identification Numbers) (1) Each person who follows trademark-related procedures
shall file an application for an identification number with the Commissioner of the Korean Intellectual
Property Office or the President of the Intellectual Property Trial and Appeal Board, as prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
(2) The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property
Trial and Appeal Board, in receipt of an application under paragraph (1), shall issue an identification number
to the applicant and inform the applicant accordingly.
(3) The Commissioner of the Korean Intellectual Property Office or the Presiding Judge of the Intellectual
Property Trial and Appeal Board shall issue, ex officio, identification numbers to those who have failed to법제처                                                            12                                                       국가법령정보센
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「TRADEMARK ACT」 
apply for them under paragraph (1) and inform them of the fact.
(4) Where a person given an identification number pursuant to paragraph (2) or (3) follows trademark-related
procedures, he or she shall note his or her identification number on a document prescribed by Ordinance of
the Ministry of Trade, Industry and Energy. In such cases, notwithstanding this Act or an order issued under
this Act, he or she may choose not to note his or her address (in cases of corporations, referring to the seat
of its place of business) on the relevant document.
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to an agent of the person who follows
trademark-related procedures.
(6) Filing an application for issuance of an identification number, issuance and notification thereof, and other
matters necessary for an identification number shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
 
Article 30 (Performance of Trademark-Related Procedures by Electronic Document) (1) Any
person who follows trademark-related procedures may electronically prepare an application for trademark
registration and other documents submitted to the Commissioner of the Korean Intellectual Property Office
or the President of the Intellectual Property Trial and Appeal Board in accordance with methods prescribed
by Ordinance of the Ministry of Trade, Industry and Energy, and submit such electronic documents using an
information and communications network (hereinafter referred to as "information and communications
network") under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network
Utilization and Information Protection, or storing them in electronic recording medium, such as a portable
storage medium.
(2) Electronic documents submitted under paragraph (1) shall have the same effect as the documents
submitted under this Act.
(3) Electronic documents submitted via an information and communications network pursuant to paragraph
(1) shall be deemed received in the content recorded in a file of the electronic data processing system for
the purpose of receipt used by the Korean Intellectual Property Office or the Intellectual Property Trial and
Appeal Board when a person who has submitted such electronic documents may confirm the receipt number
through the information and communications network.
(4) Types of documents that may be submitted in electronic form pursuant to paragraph (1), methods of
submission, and other matters necessary to submit electronic documents shall be prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
 법제처                                                            13                                                       국가법령정보센
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Article 31 (Reporting on Use of Electronic Documents and Electronic Signature) (1) Any person
who intends to follow trademark-related procedures in electronic documents shall file a report on the use of
electronic documents with the Commissioner of the Korean Intellectual Property Office or the President of
the Intellectual Property Trial and Appeal Board, and affix his or her electronic signature to documents
submitted to the Commissioner of the Korean Intellectual property Office or the President of the Intellectual
Property Trial and Appeal Board to enable recognition of the person who submits such documents.
(2) Electronic documents submitted pursuant to Article 30 shall be deemed submitted by a person who has
affixed his or her electronic signature under paragraph (1).
(3) Matters necessary for procedures for reporting the use of electronic documents under paragraph (1) and
methods of applying electronic signatures shall be prescribed by Ordinance of the Ministry of Trade, Industry
and Energy.
 
Article 32 (Giving Notice Using Information and Communications Network) (1) Where the
Commissioner of the Korean Intellectual Property Office, the President of the Intellectual Property Trial and
Appeal Board, the presiding judge, a judge, the chief examiner designated pursuant to Article 62 (3)
(hereinafter referred to as "chief examiner") or an examiner intends to notify and serve documents (hereafter
in this Article, referred to as "notification, etc.") on a person who has filed a report on the use of electronic
documents pursuant to Article 31 (1), he or she may give notice, etc. using an information and
communications network.
(2) Notification, etc. of documents under paragraph (1) shall be of the same effect as notice given in writing.
(3) Notification, etc. of documents under paragraph (1) shall be deemed delivered in the content recorded in
a file of the electronic data processing system for dispatch used by the Korean Intellectual Property Office or
the Intellectual Property Trial and Appeal Board when a person who receives such notification, etc. confirms
such documents through the electronic data processing system he or she uses.
(4) Matters necessary for types, methods, etc. of notification, etc. using an information and communication
network pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and
Energy.
 
            CHAPTER II REQUIREMENTS AND APPLICATION FOR TRADEMARK REGISTRATION
 
Article 33 (Requirements for Trademark Registration) (1) Trademark registration may be obtained,
excluding the following trademarks:법제처                                                            14                                                       국가법령정보센
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1. A trademark consisting solely of a mark indicating, in a common manner, the common name of the goods;
2. A trademark used customarily in connection with the goods;
3. A trademark consisting solely of a mark indicating, in a common manner, the place of production, quality,
raw materials, effect, usage, quantity, shape, price, method of production, method of processing, method of 
use or time of the goods; 
4. A trademark consisting solely of a conspicuous geographical name, the abbreviation thereof, or a map;
5. A trademark consisting solely of a mark indicating a common surname or name according to the method
in common use; 
6. A trademark consisting solely of a simple and readily available mark;
7. In addition to trademarks under subparagraphs 1 through 6, a trademark which is unrecognizable for
consumers to identify which goods related to whose business it indicates. 
(2) Even if a trademark falls under any of paragraph (1) 3 through 6, where such trademark is recognizable to
consumers as a trademark indicating the source of goods of a specific person as a result of using the
trademark before filing an application for trademark registration, trademark registration may be granted
limited to the goods on which such trademark is used.
(3) Even if a mark falls under paragraph (1) 3 (limited to place of production) or 4, where such mark is a
geographical indication for specific goods, an applicant may obtain registration of a collective mark with
geographical indication for goods using such geographical indication as designated goods (referring to the
goods designated pursuant to Article 38 (1) and the goods additionally designated pursuant to Article 86 (1);
hereinafter the same shall apply).
 
Article 34 (Trademarks Ineligible for Trademark Registration) (1) Notwithstanding Article 33, none of
the following trademarks shall be registered:
1. Any of the following trademarks, which is a national flag of a country, an insignia of an international
organization, etc.: 
(a) Any trademark identical or similar to the national flag, the national emblem, the colors, medals, 
decorations or insignias of the Republic of Korea, or seals or signs used for supervision or certification 
by the Republic of Korea or public institutions; 
(b) Any trademark identical or similar to any national flag of a country of the Union to the Paris 
Convention for the Protection of Industrial Property (hereinafter referred to as the "Paris Convention"), 
of a member of the World Trade Organization, or of a Contracting Party to the Trademark Law Treaty 
(hereafter in this paragraph, referred to as "countries of the Union, etc."); 법제처                                                            15                                                       국가법령정보센
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(c) Any trademark identical or similar to the title, abbreviated title, or mark of the Red Cross, the 
International Olympic Committee, or a renowned international organization: Provided, That where such 
organization has applied for trademark registration of its title, abbreviated title, or mark, trademark 
registration may be obtained; 
(d) Any trademark identical or similar to coats of arms, flags, medals, decorations or badges of the 
countries of the Union, etc. designated by the Commissioner of the Korean Intellectual Property Office 
after notification by the World Intellectual Property Organization pursuant to Article 6-3 of the Paris 
Convention, or titles, abbreviated titles, coats of arms, flags, medals, decorations or badges of inter- 
governmental international organizations which countries of the Union, etc. have joined: Provided, That 
where an inter-governmental international organization which the countries of the Union, etc. have 
joined applies for trademark registration of its title, abbreviated title, or mark, trademark registration 
may be obtained; 
(e) Any trademark identical or similar to seals or signs used for supervision or certification by countries of 
the Union, etc. designated by the Commissioner of the Korean Intellectual Property Office after 
notification by the World Intellectual Property Organization pursuant to Article 6-3 of the Paris 
Convention or their public organizations, which is used for the goods identical or similar to those for 
which such seals or signs are used; 
2. Any trademark which falsely indicates a relationship with a state, race, ethnic group, public organization,
religion, or famous deceased person, or which slanders, insults, or is likely to defame any of them; 
3. Any trademark identical or similar to a famous mark, which is a mark indicating nonprofit business or
public service of a state, public organization, or any of its agencies and a non-profit corporation: Provided, 
That where such state, etc. has applied for trademark registration of its mark, trademark registration may 
be obtained; 
4. Any trademark whose meaning, content, etc. conveyed to consumers is likely to harm public order, such as
being contrary to moral norms, the prevailing moral sense of ordinary people, where the trademark itself is 
used or the trademark is used for goods; 
5. Any trademark consisting of a mark identical or similar to a medal, certificate of merit or decoration
awarded at an exhibition held by, or with the approval of, the Government of the Republic of Korea or at 
an exhibition held by, or with the approval of, the government of a foreign country: Provided, That where a 
person who has been awarded at such exhibition uses such mark as part of the trademark for the awarded 
goods, trademark registration may be obtained; 법제처                                                            16                                                       국가법령정보센
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6. Any trademark containing the name, title, or trade name, portrait, signature, seal, literary name, stage
name, pen name of a prominent person, or his or her abbreviated title: Provided, That where the consent 
of such person has been obtained, trademark registration may be obtained; 
7. Any trademark used for goods identical or similar to the designated goods, which is identical or similar to
the registered trademark of another person (excluding any registered collective mark with geographical 
indication) based on first to file; 
8. Any trademark used on goods recognized as identical to the designated goods, which is identical or
similar to a registered collective mark with geographical indication of another person based on first to file; 
9. Any trademark identical or similar to a trademark (excluding a geographical indication) widely recognized
by consumers as indicating the goods of another person, which is used on goods identical or similar to the 
goods of another person; 
10. Any trademark identical or similar to a geographical indication of another person widely recognized by
consumers as indicating the goods of a specific region, which is used on goods recognized as identical to 
the goods using such geographical indication; 
11. Any trademark likely to cause confusion with goods or business of another person remarkably recognized
by consumers or to dilute their distinctiveness or reputation; 
12. Any trademark which is likely to mislead consumers about the quality of goods or to deceive consumers;
13. Any trademark identical or similar to a trademark (excluding a geographical indication) recognized as
indicating the goods of a specific person by consumers in the Republic of Korea or overseas, which is used 
for unlawful purposes, such as unjust enrichment or inflicting loss on the specific person; 
14. Any trademark identical or similar to a geographical indication recognized as indicating the goods of a
specific region by customers in the Republic of Korea or overseas, which is used for unlawful purposes, 
such as unjust enrichment or inflicting loss on any legitimate users of such geographical indication; 
15. Any trademark consisting solely of the three-dimensional shape, color, combination of colors, sound, or
smell, which is essential (in cases of services, referring to cases essential for the use and purpose thereof) 
to secure the function of goods intended to obtain trademark registration or of the package of such 
goods; 
16. Any trademark intended to be used on wine or distilled beverages, which consists of a geographical
indication of the place of production of wine or distilled beverages or contains such geographical 
indication in a member of the World Trade Organization: Provided, That where a legitimate user of the 
geographical indication applies for registration of a collective mark with geographical indication under 
Article 36 (5) by designating the relevant goods as the designated goods, he or she may obtain trademark 법제처                                                            17                                                       국가법령정보센
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registration; 
17. Any trademark identical or similar to the name of a variety registered pursuant to Article 109 of the Act
on the Protection of New Varieties of Plants, which is used for goods identical or similar to the name of 
such variety; 
18. Any trademark identical or similar to a geographical indication of another person registered pursuant to
Article 32 of the Agricultural and Fishery Products Quality Control Act, which is used on goods recognized 
as identical to the goods using such geographical indication; 
19. Any trademark which is identical or similar to a geographical indication of another person protected in
accordance with a bilateral or multilateral free trade agreement which has come into effect, concluded by 
the Republic of Korea with a foreign country or foreign countries, or which consists of or contains such 
geographical indication, used on goods deemed identical to the goods using such geographical indication; 
20. Any trademark for the registration of which an applicant applies on goods, which is identical or similar to
such trademark, while he or she is aware that another person uses or intends to use the trademark 
through a contractual relationship, such as partnership or employment, or business transactional 
relationship, or any other relationship; 
21. Any trademark for the registration of which any person who has or had a contractual relationship, such as
partnership or employment, business contractual relationship, or any other relationship with a person who 
holds the right to the trademark registered, which is identical or similar to the trademark registered in a 
State party to the treaty, applies on goods by designating goods identical or similar to the goods on which 
the trademark is designated as the designated goods without the consent of the person who holds the 
right to the trademark. 
(2) Paragraph (1) and whether an applicant for trademark registration (hereinafter referred to as "applicant")
correspond to another person under the relevant provisions shall be determined based on the time a
decision corresponding to any of the following is made (hereinafter referred to as "decision on whether to
grant trademark registration"): Provided, That in cases falling under paragraph (1) 11, 13, 14, 20 and 21,
whether an applicant corresponds to another person under the relevant provision shall be determined based
on the time an application for trademark registration is filed:
1. Decision to reject trademark registration under Article 54;
2. Decision to grant trademark registration under Article 68.
(3) Where a trial to revoke trademark registration is requested because a trademark right holder or a person
who uses a trademark of such trademark right holder falls under Article 119 (1) 1 through 3 and 5 through 9,
and he or she falls under any of the following after the date such lawsuit is commenced, he or she may법제처                                                            18                                                       국가법령정보센
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obtain trademark registration only where he or she applies for registration of a trademark identical or similar
to such trademark (limited to where he or she intends to obtain trademark registration again by designating
identical or similar goods (in cases of a collective mark with geographical indication, referring to goods
deemed identical) as the designated goods) after three years from the date he or she falls under any of the
following:
1. Where trademark rights are extinguished upon expiry;
2. Where a trademark right holder relinquishes trademark rights or abandons some of the designated goods;
3. Where a trial decision to revoke trademark registration is final and conclusive.
(4) Paragraph (1) 8 and 10 shall not apply to homonymous collective marks with a geographical indication.
 
Article 35 (First-to-File) (1) Where at least two applications for trademark registration are filed on different
days with respect to the same or similar trademark to be used on the same or similar goods, only the first
person who files an application may obtain registration of such trademark.
(2) Where at least two applications for trademark registration are filed on the same day with respect to the
same or similar trademark to be used on the same or similar goods, only one applicant designated by
agreement among the applicants may obtain registration of such trademark. When they fail to reach
agreement, or are unable to do so, only one applicant determined by a lot drawn by the Commissioner of
the Korean Intellectual Property Office may obtain registration of such trademark.
(3) Where an application for trademark registration falls under any of the following, such application for
trademark registration shall be deemed to have never existed when paragraphs (1) and (2) apply:
1. Where the application for trademark registration is abandoned or withdrawn;
2. Where the application for trademark registration is invalidated;
3. Where a decision to reject trademark registration under Article 54 or a trial decision to the effect of
rejecting the same becomes final and conclusive. 
(4) In cases falling under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall
order an applicant to report the terms of the agreement within a fixed period, and where the applicant fails
to so report within such period, the agreement under paragraph (2) shall be deemed never reached.
(5) The provisions of paragraphs (1) and (2) shall not apply to the following:
1. Where at least two applications for registration of a collective mark with geographical indication, an
application for registration of a collective mark with geographical indication, or an application for 
trademark registration with the same or similar mark is filed on goods that are not identical (including 
where goods are deemed identical); 법제처                                                            19                                                       국가법령정보센
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2. Where at least two applications for registration of a collective mark with geographical indication, which
corresponds to the homonymous geographical indication, are filed. 
 
Article 36 (Application for Trademark Registration) (1) Any person who intends to obtain trademark
registration shall submit an application for trademark registration stating the following to the Commissioner
of the Korean Intellectual Property Office:
1. The name and address of the applicant for trademark registration (in cases of a corporation, referring to its
name and the seat of its place of business); 
2. Where there is an agent of the applicant, the name, address, or the seat of his or her place of business
(where the agent is a patent corporation or patent corporation (with limited liability), referring to its name, 
the seat of its office and the name of its patent attorney designated); 
3. A trademark;
4. Designated goods and the category of goods prescribed by the Ordinance of the Ministry of Trade,
Industry and Energy (hereinafter referred to as "category of goods"); 
5. Matters under Article 46 (3) (limited to where he or she claims the priority);
6. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Any person who intends to obtain trademark registration shall write an explanation of such mark in an
application for trademark registration in addition to matters under the subparagraphs of paragraph (1), as
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Any person who intends to obtain registration of a collective mark shall submit articles of incorporation
defining matters regarding using the collective mark prescribed by Presidential Decree, along with an
application for collective mark registration in addition to matters under the subparagraphs of paragraph (1).
(4) Any person who intends to obtain registration of a certification mark shall submit documents defining
matters regarding using the certification mark prescribed by Presidential Decree (in cases of a corporation,
referring to the articles of incorporation, and where the person is not a corporation, referring to the rules;
hereinafter referred to as "articles of incorporation or the rules") and documents certifying that he or she
may certify and manage the quality, place of origin, methods of production or other characteristics of goods
he or she intends to certify, along with an application for certification mark registration, in addition to
matters under the subparagraphs of paragraph (1).
(5) Any person who intends to obtain registration of a collective mark with geographical indication or
registration of a certification mark with geographical indication shall submit documents certifying that such
mark with geographical indication is consistent with the definition of the geographical indication, along with
an application for registration of a collective mark with geographical indication or application for registration법제처                                                            20                                                       국가법령정보센
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of a certification mark with geographical indication, in addition to documents under paragraphs (3) and (4),
as prescribed by Presidential Decree.
(6) Any person who intends to obtain registration of a business emblem shall submit documents certifying
that he or she conducts such business along with an application for business emblem registration in addition
to matters under the subparagraphs of paragraph (1).
 
Article 37 (Recognition of Filing Date of Application for Trademark Registration) (1) The date an
application for trademark registration is delivered to the Commissioner of the Korean Intellectual Property
Office shall be deemed the date an application for trademark registration is filed: Provided, That the
foregoing shall not apply where an application for trademark registration falls under any of the following:
1. Where the purpose for which an applicant intends to obtain trademark registration is not clearly indicated;
2. Where an applicant cannot be identified because his or her name or title is not mentioned or is not
mentioned clearly; 
3. Where a trademark cannot be recognized because the trademark intended to be registered is not
mentioned in the application for trademark registration or matters mentioned are unclear; 
4. Where no designated goods are mentioned;
5. Where the application is not prepared in Korean.
(2) Where an application for trademark registration falls under any of the subparagraphs of paragraph (1), the
Commissioner of the Korean Intellectual Property Office shall order a person who intends to obtain
trademark registration to supplement such application within a reasonably fixed period.
(3) Where a person ordered to supplement an application under paragraph (2) supplements this application
for trademark registration, he or she shall submit a document concerning the complement of procedures
(hereafter in this Article, referred to as "document concerning the complement of procedures").
(4) Where a person ordered to complement an application under paragraph (2) complements this application
for trademark registration within the designated period, the Commissioner of the Korean Intellectual Property
Office shall deem the date such document concerning the complement of procedures is delivered to the
Korean Intellectual Property Office to be the date his or her application for trademark registration is filed.
(5) Where a person ordered to complement an application under paragraph (2) fails to complement this
application for trademark registration within the designated period, the Commissioner of the Korean
Intellectual Property Office may return such application for trademark registration, deeming such application
to be an inappropriate application.
 법제처                                                            21                                                       국가법령정보센
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Article 38 (One Application for One Trademark) (1) Any person who intends to file an application for
trademark registration shall file an application for each trademark by designating at least one category of
goods in accordance with the classification of goods.
(2) Specific goods belonging to the category of goods under paragraph (1) shall be prescribed and
announced by the Commissioner of the Korean Intellectual Property Office.
(3) No classification of any category of goods under paragraph (1) shall be construed as prescribing the
range of similarity of goods.
 
Article 39 (Amendment of Procedures) The Commissioner of the Korean intellectual Property Office of
the President of the Intellectual Property Trial and Appeal Board shall order a relevant person to amend
trademark-related procedures within a fixed period, as prescribed by Ordinance of the Ministry of Trade,
Industry and Energy, if any of the following applies:
1. Where any of the procedures violates Article 4 (1) or 7;
2. Where the person fails to pay a fee required under Article 78;
3. Where any of the procedures violates any formality prescribed by this Act or any order issued hereunder.
 
Article 40 (Amendment before Decision to Publish Application) (1) Any applicant may amend items
mentioned in an application for trademark registration, designated goods concerning an application for
trademark registration, and a trademark to the extent that the substance of the initial application for
trademark registration remains unchanged until the following time:
1. Where a decision to publish an application under Article 57 is made: Until the application is published;
2. Where no decision to publish an application under Article 57 is made: Until a decision to reject trademark
registration under Article 54 is made; 
3. Where a trial against a decision to reject under Article 116 is requested: Within 30 days from the date of
such request; 
4. Where examination regulations are applied mutatis mutandis to a trial against a decision to reject pursuant
to Article 123: The period for submitting a written opinion under Article 55 (1) or (3) or 87 (2) or (3). 
(2) Where an amendment made under paragraph (1) falls under any of the following, the substance of the
relevant application for trademark registration shall be deemed unchanged:
1. Reduction of the scope of designated goods;
2. Correction of written errors;
3. Clarification of ambiguous statements;법제처                                                            22                                                       국가법령정보센
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4. Omission of supplemental portion of the trademark;
5. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as explanation
concerning the mark under Article 36 (2). 
(3) Where an amendment made under paragraph (1) is not deemed to fall under paragraph (2) after the
establishment and registration of trademark rights, an application for such trademark registration shall be
deemed filed at the time a written amendment is submitted.
 
Article 41 (Amendment after Decision to Publish Application) (1) Where any applicant falls under
any of the following after a certified copy of a decision to publish an application under Article 57 (2) is
delivered, he or she may amend designated goods and the trademark to the extent that the substance of the
initial application for trademark registration remains unchanged within the period prescribed in the relevant
subparagraph:
1. Where he or she requests a trial under Article 116 regarding matters mentioned in grounds for a decision
to reject trademark registration under Article 54 or a decision to reject registration of additional designated 
goods under Article 87 (1): 30 days from the date he or she requests a trial; 
2. Where he or she intends to amend matters mentioned in grounds for rejection after he or she is notified
of grounds for rejection under Articles 55 (1) and 87 (2): The period for submitting a written opinion on 
the relevant reasons for rejection; 
3. Where he or she intends to amend matters mentioned in reasons for filing a formal objection when such
formal objection is filed: The period for submitting a written answer under Article 66 (1). 
(2) Where an amendment under paragraph (1) falls under any of the subparagraphs of Article 40 (2), the
substance of an application for trademark registration shall be deemed unchanged.
(3) Where an amendment under paragraph (1) is deemed to fall outside of any of the subparagraphs of
Article 40 (2) after registration and establishment of trademark rights, trademark rights shall be deemed
registered and established concerning such application for trademark registration which has not been
amended.
 
Article 42 (Dismissal of Amendment) (1) Where an amendment under Articles 40 and 41 falls outside of
any of the subparagraphs of Article 40 (2), an examiner shall dismiss such amendment by decision.
(2) Where an examiner makes a decision to dismiss under paragraph (1), he or she shall not decide on
whether to grant trademark registration concerning an application for trademark registration until 30 days
elapse from the date a certified copy of such decision is served on an applicant; and where a decision to
dismiss is made under paragraph (1) before publication of the application is decided, he or she shall decide법제처                                                            23                                                       국가법령정보센
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not to publish the application as well.
(3) Where an applicant requests a trial against a decision to dismiss under paragraph (1) pursuant to Article
115, an examiner shall suspend the examination of such application for trademark registration until a trial
decision becomes final and conclusive.
(4) A decision to dismiss under paragraph (1) shall be made in writing, and reasons therefor shall be
specified.
(5) No decision of dismissal (limited to a decision to dismiss an amendment under Article 41) under
paragraph (1) shall be appealed: Provided, That the foregoing shall not apply where an applicant requests a
trial against a decision to dismiss under Article 116.
 
Article 43 (Submission of Amended Articles of Incorporation) (1) Where an applicant for registration
of a collective mark amends the articles of incorporation under Article 36 (3), he or she shall submit the
amended articles of incorporation to the Commissioner of the Korean Intellectual Property Office within a
period prescribed by the subparagraphs of Article 40 (1) or the subparagraphs of Article 41 (1).
(2) Where an applicant for registration of a certification mark amends the articles of incorporation or the
rules, he or she shall submit the amended articles of incorporation or the amended rules to the
Commissioner of the Korean Intellectual Property Office within a period prescribed under the subparagraphs
of Article 40 (1) or the subparagraphs of Article 41 (1).
 
Article 44 (Modification of Applications) (1) Any applicant who has filed any of the following
applications may modify the application with any of the other following applications:
1. An application for trademark registration;
2. An application for collective mark registration (excluding an application for collective mark registration with
geographical indication); 
3. An application for certification mark registration (excluding an application for certification mark registration
with geographical indication). 
(2) Any applicant who has filed an application for registration of additional designated goods may modify
such application to an application for trademark registration: Provided, That the foregoing shall not apply
where a trial to invalidate a registered trademark which becomes the basis of an application for registration
of additional designated goods or a trial to revoke such registered trademark is requested, or such trademark
is nullified due to the aforesaid trial.
(3) An application modified (hereinafter referred to as "modified application") pursuant to paragraphs (1) and
(2) shall be deemed filed when the first application is filed: Provided, That the foregoing shall not apply법제처                                                            24                                                       국가법령정보센
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where the priority under Article 46 (1) is claimed or special cases at the time of an application under Article
47 (1) are applied.
(4) No modification of an application under paragraphs (1) and (2) shall be made after a decision on whether
registration based on the first application is granted or trial decision thereon becomes final and conclusive.
(5) In cases of a modified application, the first application shall be deemed withdrawn.
 
Article 45 (Division of Application) (1) Where an applicant has filed an application for trademark
registration for at least two kinds of goods as designated goods, such application for trademark registration
may be divided into at least two applications for trademark registration within a period prescribed by the
subparagraphs of Article 40 (1) and the subparagraphs of Article 41 (1).
(2) Where an application for trademark registration divided (hereinafter referred to as "divisional application")
pursuant to paragraph (1) is filed, such divisional application shall be deemed filed at the time the first
application for trademark registration is filed: Provided, That the foregoing shall not apply where the priority
under Article 46 (1) is claimed or special cases at the time of filing an application under Article 47 (1) are
applied.
 
Article 46 (Claim of Priority under Treaty) (1) Where a citizen of a State party which recognizes the
priority of an application for trademark registration filed by a citizen of the Republic of Korea in accordance
with the treaty claims priority by filing an application for registration of the same trademark with the
Republic of Korea after he or she has filed an application for trademark registration with the State party or
other State parties, the date the application for trademark registration is filed with the State party shall be
deemed the date the application for trademark registration is filed with the Republic of Korea when Article
35 is applied. The same shall also apply where a citizen of the Republic of Korea files an application for
registration of the same trademark with the Republic of Korea after he or she has filed an application for
trademark registration with the State party which recognizes the priority of an application for trademark
registration filed by a citizen of the Republic of Korea in accordance with the treaty.
(2) No person who intends to claim priority pursuant to paragraph (1) shall claim such priority unless he or
she files an application within six months after the date of the first application forming the basis for claiming
the priority.
(3) Any person who intends to claim the priority pursuant to paragraph (1) shall state the purpose of filing an
application for trademark registration, the name of the country with which the first application for trademark
registration was filed, and the filing date of the first application in the written application for trademark
registration at the time of filing the application.법제처                                                            25                                                       국가법령정보센
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(4) Any person who claims priority pursuant to paragraph (3) shall submit a document stating the filing date
of an application for trademark registration recognized by the government of a State party with which he or
she filed the first application for trademark registration, a trademark and a certified copy of designated
goods, to the Commissioner of the Korean Intellectual Property Office within three months after the filing
date of an application for trademark registration.
(5) Where a person who claims priority pursuant to paragraph (3) fails to submit documents under paragraph
(4) within the period under paragraph (4), his or her claim of the priority shall lose its effect.
 
Article 47 (Special Cases at Time of Filing Applications) (1) Where any person who may obtain
trademark registration files an application for registration of a trademark used on goods exhibited in any of
the following exhibitions by designating such goods as designated goods within six months from the date
the goods are exhibited, such application for trademark registration shall be deemed filed at the time of the
exhibition of the goods:
1. An exhibition held by the Government or a local government;
2. An exhibition held by a person who obtained approval from the Government or a local government;
3. An exhibition held outside the Republic of Korea with the approval of the Government;
4. An international exhibition held by the government of a State party to the treaty or a person who
obtained approval from such government in the territory of the State party. 
(2) Any person who intends to be subject to paragraph (1) shall submit a written application for trademark
registration stating the purpose thereof to the Commissioner of the Korean Intellectual Property Office and
also submit a document proving the purpose to the Commissioner of the Korean Intellectual Property Office
within 30 days from the filing date of the application for trademark registration.
 
Article 48 (Succession to and Divided Transfer of Applications) (1) No succession to an application
for trademark registration shall take effect unless a report on the change of the applicant is filed, except in
cases of inheritance and other general succession.
(2) An application for trademark registration may be transferred by dividing such application for each of the
designated goods. In such cases, similar designated goods shall be transferred en bloc.
(3) Where an application for trademark registration is inherited or succeeded in general, the successor shall
report, without delay, the purpose thereof to the Commissioner of the Korean Intellectual Property Office.
(4) Where an application for trademark registration is owned jointly, no joint owner shall transfer his or her
stake therein without the consent of all other joint owners.법제처                                                            26                                                       국가법령정보센
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(5) An application for trademark registration transferred after the division thereof pursuant to paragraph (2)
shall be deemed filed at the time the first application for trademark registration was filed: Provided, That the
foregoing shall not apply where the priority under Article 46 (1) is claimed or special cases exist at the time
of filing of the application under Article 47 (1).
(6) Any of the following applications for registration shall not be transferred: Provided, That where such
application for registration is transferred together with affairs under the relevant subparagraph, it may be
transferred:
1. An application for registration of a business emblem under Article 3 (6);
2. An application for trademark registration under the proviso of Article 34 (1) 1 (c), the proviso of item (d) of
the same subparagraph and the proviso of subparagraph 3 of the same paragraph. 
(7) No application for collective mark registration shall be transferred: Provided, That where corporations are
merged, an application for collective mark registration may be transferred with permission of the
Commissioner of the Korean Intellectual Property Office.
(8) No application for certification mark registration shall be transferred: Provided, That where an application
for certification mark registration is transferred together with its business to a person who may obtain a
certification mark registration under Article 3 (3) with the relevant certification mark, such application for
certification mark registration may be transferred with the permission of the Commissioner of the Korean
Intellectual Property Office.
 
Article 49 (Provision of Information) Any person may provide the Commissioner of the Korean
Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board with
information to the effect that a trademark for which an application for registration was filed cannot be
registered because it falls under Article 54, along with evidence.
 
            CHAPTER III EXAMINATION
 
Article 50 (Examination by Examiners) (1) The Commissioner of the Korean Intellectual Property Office
may require examiners to examine applications for trademark registration and formal objections.
(2) Matters necessary for qualifications of examiners shall be prescribed by Presidential Decree.
 
Article 51 (Registration of Institutions Specializing in Trademarks) (1) The Commissioner of the
Korean Intellectual Property Office may request a specialized institution under paragraph (2) to conduct the
following affairs where deemed necessary to examine applications for trademark registration: <Amended on
Jan. 8, 2019>법제처                                                            27                                                       국가법령정보센
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「TRADEMARK ACT」 
1. Search of trademark;
2. Classification of goods;
3. Other affairs prescribed by Presidential Decree, such as the examination of the use of a trademark.
(2) Any person intending to conduct affairs requested by the Commissioner of the Korean Intellectual
Property Office under paragraph (1) shall be registered as a specialized institution with the Commissioner.
<Newly Inserted on Jan. 8, 2019>
(3) The Commissioner of the Korean Intellectual Property Office may have a dedicated institution prescribed
by Presidential Decree manage and evaluate the affairs of a specialized institution on his or her behalf where
deemed necessary to effectively conduct the affairs prescribed in paragraph (1). <Newly Inserted on Jan. 8,
2019>
(4) The Commissioner of the Korean Intellectual Property Office may seek cooperation and opinions from
related administrative agencies or persons with extensive knowledge of and experience in trademarks, or
other relevant persons where deemed necessary to examine applications for trademark registration.
<Amended on Jan. 8, 2019>
(5) Where an application for a collective mark with a geographical indication is filed on a product eligible for
the registration of a geographical indication under the Agricultural and Fishery Products Quality Control Act,
the Commissioner of the Korean Intellectual Property Office shall hear opinions of the Minister of Agriculture,
Food and Rural Affairs or the Minister of Oceans and Fisheries as to whether such collective mark constitutes
a geographical indication. <Amended on Jan. 8, 2019>
(6) Criteria for the registration of a specialized institution under paragraph (2) and matters necessary for
requesting trademark search, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 8, 2019>
[Title Amended on Jan. 8, 2019]
 
Article 52 (Revocation of Registration of Institutions Specializing in Trademarks) (1) Where a
specialized institution under Article 51 (2) falls under subparagraph 1, the Commissioner of the Korean
Intellectual Property Office shall revoke the registration thereof; and where it falls under subparagraph 2, he
or she may revoke the registration thereof or order it to suspend its business for a fixed period not
exceeding six months: <Amended on Jan. 8, 2019>
1. Where it is registered by fraud or other improper means;
2. Where it fails to meet the criteria for registration under Article 51 (6).
(2) Where the Commissioner of the Korean Intellectual Property Office intends to revoke the registration of a
specialized institution or order it to suspend its business pursuant to paragraph (1), he or she shall hold
hearings. <Amended on Jan. 8, 2019>법제처                                                            28                                                       국가법령정보센
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(3) Matters necessary for criteria, procedures, etc. for taking administrative measures under paragraph (1)
shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[Title Amended on Jan. 8, 2019]
 
Article 53 (Order of Examination and Preferential Examination) (1) Applications for trademark
registration shall be examined in the order of the applications filed.
(2) Notwithstanding paragraph (1), the Commissioner of the Korean Intellectual Property Office may require
examiners to examine any of the following applications for trademark registration in preference to other
applications for trademark registration:
1. Where a person who is not an applicant is deemed to use a trademark identical or similar to the
trademark for the registration of which an application has been filed on the same or similar designated 
goods as his or her business without justifiable grounds, after an application for trademark registration has 
been filed; 
2. Where urgent management of an application for trademark registration is deemed necessary, which is
prescribed by Presidential Decree, because an applicant uses a trademark for the registration of which an 
application has been filed on all the designated goods. 
 
Article 54 (Decision to Reject Trademark Registration) Where an application for trademark registration
falls under any of the following, an examiner shall decide to reject trademark registration:
1. Where a trademark fails to meet the definitions of a trademark, collective mark, geographical indication,
collective mark with geographical indication, certification mark, certification mark with geographical 
indication, or business emblem under Article 2 (1); 
2. Where a trademark is in violation of the treaty;
3. Where a trademark cannot be registered pursuant to Articles 3, 27, 33 through 35, 38 (1), the latter part of
Article 48 (2), or Article 48 (4) or (6) through (8); 
4. Where a person is not entitled to registration of a collective mark, certification mark and business emblem
under Article 3; 
5. In cases of an application for registration of a collective mark with geographical indication, where the
articles of incorporation of an organization actually do not permit persons to join the organization as its 
members, such as prohibiting persons from joining the organization in accordance with the articles of 
incorporation, or impracticable conditions for joining the organization are stipulated in the articles of 
incorporation; 법제처                                                            29                                                       국가법령정보센
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6. Where all or some of the matters regarding using a collective mark prescribed by Presidential Decree are
not stated in the articles of incorporation under Article 36 (3), or all or some of the matters regarding 
using a certification mark prescribed by Presidential Decree are not stated in the articles of incorporation 
or the rules under paragraph (4) of that Article; 
7. In cases of an application for registration of a certification mark, where the articles of incorporation
actually do not permit persons who may use such certification mark to use it, such as prohibiting persons 
from using it in accordance with the articles of incorporation or the rules without justifiable grounds, or 
impracticable conditions of use thereof are stipulated in the articles of incorporation or the rules. 
 
Article 55 (Notification of Grounds for Rejection) (1) Where an examiner intends to decide to reject
trademark registration pursuant to Article 54, he or she shall pre-notify an applicant of grounds for rejection
(referring to grounds provided in any of the subparagraphs of that Article; hereinafter referred to as "grounds
for rejection"). In such cases, the applicant may submit a written opinion about grounds for rejection within a
period prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Where an examiner notifies an applicant of grounds for rejection pursuant to paragraph (1), he or she
shall specify the grounds and basis for rejection of each of the designated goods.
(3) An applicant who fails to submit a written opinion within a period under the latter part of paragraph (1)
may apply for continuing trademark-related procedures and submit a written opinion addressing the grounds
for rejection within two months from the expiration date of such period.
 
Article 56 (Submission of Documents) The Commissioner of the Korean Intellectual Property Office or an
examiner may request a party to submit documents and other articles necessary for any procedure other
than a procedure for trial or retrial.
 
Article 57 (Publication of Applications) (1) Where an examiner fails to discover any grounds for rejection
of an application for trademark registration, he or she shall decide to publish such application: Provided, That
in any of the following cases, he or she may omit a decision to publish the application:
1. Where the applicant divides his or her application for trademark registration officially announced into at
least two applications for trademark registration pursuant to Article 45 after a certified copy of a decision 
to publish the application under paragraph (2) is served on the applicant, in which case the examiner fails 
to discover any grounds for rejection of such divisional application; 
2. Where a trial decision to revoke a decision to reject trademark registration under Article 54 is made, in
which case the relevant application for trademark registration has already been publicly announced and the 
examiner fails to discover other grounds for rejection. 법제처                                                            30                                                       국가법령정보센
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(2) Where a decision under the main clause, with the exception of the subparagraphs, of paragraph (1), with
the exception of its subparagraphs, is made, the Commissioner of the Korean Intellectual Property Office shall
serve a certified copy of such decision on the applicant and publish the application for trademark registration
in the Trademark Official Gazette.
(3) The Commissioner of the Korean Intellectual Property Office shall make an application for trademark
registration and accompanying documents available for public inspection at the Korean Intellectual Property
Office for two months from the date of publication of the application pursuant to paragraph (2).
 
Article 58 (Right to Claim Compensation for Loss) (1) An applicant may issue a warning in writing to a
person who uses a trademark identical or similar to the trademark concerning the relevant application for
trademark registration regarding goods identical or similar to designated goods concerning the relevant
application for trademark registration after publication of the application under Article 57 (2) (including
where it is applied mutatis mutandis pursuant to Articles 88 (2) and 123 (1)) is made: Provided, That where
the applicant presents a copy of the relevant application for trademark registration, he or she may issue a
written warning even before the application is published.
(2) An applicant who has issued a warning pursuant to paragraph (1) may claim the payment of
compensation equivalent to business loss incurred in relation to the use of the relevant trademark during the
period after the issuance of a warning until trademark rights are established and registered.
(3) No right to claim under paragraph (2) shall be exercised until trademark rights to the relevant application
for trademark registration are established and registered.
(4) No exercise of the right to claim under paragraph (2) shall affect the exercise of trademark rights.
(5) Articles 91, 108, 113 and 114 of this Act, and Articles 760 and 766 of the Civil Act shall apply mutatis
mutandis to the scope, etc. of protection of a registered trademark where the right to claim under paragraph
(2) is exercised. In such cases, "date the injured party or his or her legal representative becomes aware of
such loss and of the identity of the person who caused it" in Article 766 (1) of the Civil Act shall be
construed as "date the relevant trademark rights are established and registered".
(6) Where an application for trademark registration falls under any of the following, the right to claim under
paragraph (2) shall be deemed never to have occurred:
1. Where the application for trademark registration is abandoned, withdrawn, or invalidated;
2. Where a decision to reject trademark registration under Article 54 on an application for trademark
registration becomes final and conclusive; 
3. Where a trial decision to invalidate trademark registration pursuant to Article 117 (excluding cases falling
under paragraph (1) 5 through 7 of the same Article) becomes final and conclusive. 법제처                                                            31                                                       국가법령정보센
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Article 59 (Ex Officio Amendment) (1) Where any matter mentioned in a written application for trademark
registration is clearly incorrect when an examiner decides to publish an application under Article 57, he or
she may make any amendments ex officio (hereinafter referred to as "ex officio amendment").
(2) In order for an examiner to make ex officio amendments pursuant to paragraph (1), he or she shall notify
the applicant of such ex officio amendments along with a certified copy of a decision to publish an
application served under Article 57 (2).
(3) Where an applicant cannot accept all or some of the ex officio amendments, he or she shall submit his or
her written opinion thereon to the Commissioner of the Korean Intellectual Property Office within a period
under Article 57 (3).
(4) Where an applicant submits his or her written opinion pursuant to paragraph (3), all or some of the ex
officio amendments shall be deemed never to have existed. In such cases, a decision to publish such
application shall be deemed revoked simultaneously.
 
Article 60 (Formal Objections) (1) Where an application is published, any person may file a formal
objection with the Commissioner of the Korean Intellectual Property Office on the grounds that such
application falls under any of the following within two months from the date of publication of the
application:
1. The application constitutes grounds for rejection of a decision to reject trademark registration under
Article 54; 
2. The application constitutes grounds for rejection of a decision to reject additional registration under Article
87 (1). 
(2) Any person who intends to file a formal objection pursuant to paragraph (1) shall submit a formal
objection stating the following to the Commissioner of the Korean Intellectual Property Office along with
necessary evidence:
1. Name and address of the applicant (in cases of a corporation, referring to its name and the seat of its
place of business); 
2. Where there is an agent of an applicant, the name and address or the seat of the place of business of
such agent (where an agent is a patent corporation or patent corporation (with limited liability), referring 
to its name, the seat of its place of business, and the name of a patent attorney designated); 
3. An application subject to formal objection;
4. Matters against which a formal objection is filed;
5. Grounds for filing a formal objection and citation of necessary evidence.법제처                                                            32                                                       국가법령정보센
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Article 61 (Amendment of Grounds for Filing Formal Objection) A person who raises a formal
objection (hereinafter referred to as "person who raises a formal objection") to trademark registration under
Article 60 (1) may amend the grounds stated in a written formal objection and evidence within 30 days after
the period for filing a formal objection expires.
 
Article 62 (Examination of Formal Objections) (1) A collegial body of examiners (hereinafter referred to
as "collegial body of examiners") composed of three examiners shall examine and decide on a formal
objection.
(2) The Commissioner of the Korean Intellectual Property Office shall designate examiners to form a collegial
body of examiners for each formal objection.
(3) The Commissioner of the Korean Intellectual Property Office shall designate the chief examiner from
among examiners designated pursuant to paragraph (2).
(4) Articles 130 (2), 131 (2), and 132 (2) and (3) shall apply mutatis mutandis to a collegial body of examiners
and the chief examiner. In such cases, "President of the Intellectual Property Trial and Appeal Board" shall be
construed as "Commissioner of the Korean Intellectual Property Office," "judge" as "examiner," "trial decision"
as "examination" under Article 130 (2), "presiding judge" as "chief examiner," and "case of trial decision" as
"case of formal objection" under Article 131 (2), "collegial body of judges" as "collegial body of examiners"
under Article 132 (2), and "trial decision" as "examination" under Article 132 (3), respectively.
 
Article 63 (Scope of Examination of Formal Objections) A collegial body of examiners may also
examine grounds not claimed by an applicant or a person who raises a formal objection concerning a formal
objection. In such cases, it shall provide an applicant or a person who raises a formal objection with an
opportunity to state his or her opinion on such grounds within a fixed period.
 
Article 64 (Consolidation or Division of Formal Objections) A collegial body of examiners may
examine or decide on at least two formal objections by consolidating or dividing them.
 
Article 65 (Competition in Formal Objections) (1) If at least two formal objections are raised, where a
collegial body of examiners deems one formal objection is found to have reasonable grounds during
examination thereof, he or she may choose not to decide on the remaining formal objections.
(2) Where a collegial body of examiners fails to decide on a formal objection pursuant to paragraph (1), the
Commissioner of the Korean Intellectual Property Office shall also serve a certified copy of a decision to
reject trademark registration on the relevant person who has raised the formal objection.법제처                                                            33                                                       국가법령정보센
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「TRADEMARK ACT」 
Article 66 (Decision on Formal Objection) (1) Where a formal objection is raised, the chief examiner
shall serve a duplicate copy of a formal objection on an applicant, and provide him or her with an
opportunity to submit a written answer within a fixed period.
(2) A collegial body of examiners shall decide on a formal objection after the period for raising a formal
objection under paragraph (1) and Article 60 (1) expires.
(3) A decision on a formal objection shall be made in writing, and grounds therefor shall be specified. In such
cases, where grounds for a decision on at least two designated goods are mutually different, grounds for the
decision on each of the designated goods shall be specified.
(4) Where a person who raises a formal objection fails to submit grounds for the formal objection or
evidence within the period for raising the formal objection under Article 60 (1), notwithstanding paragraph
(1), a collegial body of examiners may dismiss the formal objection by decision after the period under Article
61 expires. In such cases, it shall serve a certified copy of such decision on the person who has raised the
formal objection.
(5) Where a decision under paragraph (2) is made, the Commissioner of the Korean Intellectual Property
Office shall serve a certified copy of such decision on an applicant and a person who has raised a formal
objection.
(6) An applicant and a person who has raised a formal objection may appeal a decision under paragraphs (2)
and (4) according to any of the following methods:
1. Applicant: Request for a trial under Article 116;
2. Person who has raised a formal objection: Request for a trial to invalidate trademark registration under
Article 117. 
 
Article 67 (Decision to Reject Trademark Registration Ex Officio after Publication of
Application for Trademark Registration) (1) Where an examiner discovers grounds for rejection after
publication of an application, he or she may decide to reject trademark registration under Article 54ex officio.
(2) Where an examiner decides to reject trademark registration pursuant to paragraph (1), he or she shall not
decide on a formal objection even if the formal objection is raised.
(3) Where an examiner decides to reject trademark registration pursuant to paragraph (1), the Commissioner
of the Korean Intellectual Property Office shall serve a certified copy of a decision to reject trademark
registration on a person who has raised a formal objection.
 
Article 68 (Decision to Grant Trademark Registration) Where an examiner fails to discover grounds for
rejection of an application for trademark registration, he or she shall decide to grant trademark registration.법제처                                                            34                                                       국가법령정보센
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Article 69 (Methods to Decide Whether to Grant Trademark Registration) (1) All decisions on
whether to grant trademark registration shall be made in writing, and grounds therefor shall be specified.
(2) Where a decision on whether to grant trademark registration is made, the Commissioner of the Korean
Intellectual Property Office shall serve a certified copy of such decision on the applicant.
 
Article 70 (Suspension of Procedures for Examination or Legal Proceedings) (1) Where necessary
for examining an application for trademark registration, procedures for examination of such application for
trademark registration may be suspended until a trial decision becomes final and conclusive or legal
proceedings are completed.
(2) Where necessary for litigation, the court may suspend legal proceedings until a decision on whether to
grant trademark registration becomes final and conclusive.
 
Article 71 (Application Mutatis Mutandis of Trial Provisions to Examination of and Decision
on Formal Objections) The provisions of Article 128, subparagraphs 1 through 5 and 7 of Article 134,
Article 144 and Articles 143, 299 and 367 of the Civil Procedure Act shall apply mutatis mutandis to the
examination of and decision on formal objections.
 
            CHAPTER IV TRADEMARK REGISTRATION FEES AND TRADEMARK REGISTRATION
 
Article 72 (Trademark Registration Fees) (1) Any person who intends to obtain establishment and
registration of any of the following trademark rights shall pay a trademark registration fee. In such cases,
where registration falls under subparagraph 1 or 2, he or she may pay a trademark registration fee in two
installments:
1. Establishment and registration of trademark rights under Article 82;
2. Registration to renew the duration of trademark rights;
3. Registration of additional designated goods under Article 86.
(2) An interested party may pay a trademark registration fee, irrespective of the wishes of a person liable to
pay a trademark registration fee under paragraph (1).
(3) Matters necessary for trademark registration fees under paragraph (1), methods of the payment thereof,
the period for payment, payment in installments, etc. shall be prescribed by Ordinance of the Ministry of
Trade, Industry and Energy.
 
Article 73 (Abandonment of Some of Designated Goods When Paying Trademark Registration
Fees) (1) Where any of the following persons pays a trademark registration fee (where he or she pays the법제처                                                            35                                                       국가법령정보센
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「TRADEMARK ACT」 
trademark registration fee in installments pursuant to the latter part, with the exception of the
subparagraphs, of Article 72 (1), referring to the first installment of the trademark registration fee), he or she
may abandon trademark registration for each of the designated goods:
1. A person issued a decision to grant trademark registration in relation to an application for trademark
registration containing at least two designated goods; 
2. A person who receives a decision to grant registration of additional designated goods in relation to an
application for registration of additional designated goods; 
3. A person who files an application to register the renewal of the duration of trademark rights.
(2) Matters necessary for abandoning designated goods under paragraph (1) shall be prescribed by
Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 74 (Extension of Payment Period of Trademark Registration Fees) The Commissioner of the
Korean Intellectual Property Office may extend the payment period of trademark registration fees under
Article 72 (3), by up to 30 days at the request of an applicant.
 
Article 75 (Abandonment of Applications due to Failure to Pay Trademark Registration Fees)
Where an applicant falls under any of the following, he or she shall be deemed to have abandoned an
application for trademark registration, application for registration of additional designated goods or
application to register the renewal of the duration of trademark rights:
1. Where he or she fails to pay the relevant trademark registration fee (where he or she pays the trademark
registration fee in installments pursuant to the latter, with the exception of the subparagraphs, part of 
Article 72 (1), referring to the first installment of the trademark registration fee; hereinafter the same shall 
apply) within the payment period under Articles 72 (3) or 74; 
2. Where he or she is ordered to pay the remainder of a trademark registration fee pursuant to Article 76 (1)
but fails to do so within the period prescribed therefor; 
3. Where he or she falls under Article 77 (1), in which case he or she fails to pay a trademark registration fee
or pay the remainder of the trademark registration fee within the relevant period. 
 
Article 76 (Payment of Remainder of Trademark Registration Fees) (1) Any person who intends to
obtain establishment and registration of trademark rights, registration of additional designated goods, or
registration to renew the duration of trademark rights, or a trademark right holder fails to pay part of the
trademark registration fee within the payment period under Article 72 (3) or 74, the Commissioner of the
Korean Intellectual Property Office shall order him or her to pay the remainder of the trademark registration
fee.법제처                                                            36                                                       국가법령정보센
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「TRADEMARK ACT」 
(2) Any person ordered to pay the remainder of the trademark registration fee pursuant to paragraph (1) may
do so within one month (hereinafter referred to as "period for remainder payment") after he or she receives
such order.
(3) Any person who pays the remainder of the trademark registration fee pursuant to paragraph (2) shall pay
an amount prescribed by Ordinance of the Ministry of Trade, Industry and Energy by up to twice the unpaid
amount.
 
Article 77 (Reinstatement of Application for Trademark Registration by Payment of Trademark
Registration Fees or Remainder Payment) (1) Where any of the following persons fails to pay a
trademark registration fee within the payment period under Article 72 (3) or 74, or to pay the remainder
within the period for remainder payment under Article 76 (2) in extenuating circumstances, he or she may
pay such trademark registration fee or pay the remainder within two months from the date such grounds
cease to exist: Provided, That where one year has elapsed since the expiration of the period for payment or
of the period for remainder payment, whichever occurs later, he or she shall not be able to pay the
trademark registration fee or pay the remainder:
1. An applicant for trademark registration;
2. An applicant for registration of additional designated goods;
3. An applicant to register the renewal of the duration of trademark rights, or a trademark right holder.
(2) Notwithstanding Article 75, any person who has paid a trademark registration fee or paid a remainder
(where he or she has paid a trademark registration fee in installments pursuant to the latter part, with the
exception of the subparagraphs, of Article 72 (1), with the exception of its subparagraphs, referring to a
person who has paid the first installment of a trademark registration fee or paid the remainder thereof)
pursuant to paragraph (1) shall not be deemed to have abandoned such application for trademark
registration, application for registration of additional designated goods or application to register the renewal
of the duration of trademark rights.
(3) Where an application for trademark registration, an application for registration of additional designated
goods or a bundle of trademark rights (hereafter in this Article, referred to as "application for trademark
registration, etc.") has been recovered pursuant to paragraph (2), such application for trademark registration,
etc. shall not effect an act of using a trademark identical or similar to such trademark on goods identical or
similar to such designated goods before the application for trademark registration, etc. is recovered after the
period for payment under Article 72 (3) or 74 expires.
 법제처                                                            37                                                       국가법령정보센
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Article 78 (Fees) (1) Any person who follows trademark-related procedures shall pay fees: Provided, That
where an examiner requests a trial to invalidate a trademark pursuant to Articles 117 (1) and 118 (1), he or
she shall be exempted from the fees.
(2) Matters necessary for fees under paragraph (1), methods of payment thereof, the period for the payment
thereof, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Any person who intends to file an application to register the renewal of the duration of trademark rights
during the period under the proviso of Article 84 (2) shall pay fees under paragraph (2) in addition to an
amount prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 79 (Refund of Trademark Registration Fees and Fees) (1) Where a trademark registration fee
or a fee already paid falls under any of the following, the trademark registration fee or the fee under the
following classification shall be refunded at the request of the person who has paid the trademark
registration fee or the fee:
1. Where the trademark registration fee or the fee is paid mistakenly: The trademark registration fee or the
fee mistakenly paid; 
2. Where an application for trademark registration is withdrawn or abandoned within one month such
application for trademark registration is filed: An application fee for trademark registration and an 
application fee for priority claim among the fees already paid: Provided, That the foregoing shall not apply 
to the following applications: 
(a) Divisional applications, applications for modification, or applications for trademark registration which 
become the basis of divisional applications or applications for modification; 
(b) Applications for preferential examination under Article 53; 
(c) Applications for international trademark registration deemed applications for trademark registration 
under this Act pursuant to Article 180 (1); 
3. Where a decision to dismiss an amendment or decision to reject an amendment is revoked pursuant to
Article 156 (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to 
Article 161, but excluding where there are amendments under the subparagraphs of Article 40 (1) and 
Article 41 (1) 1 among trials or retrials): A fee for requesting a trial among fees already paid (in cases of a 
retrial, referring to a fee for requesting a retrial; hereinafter the same shall apply); 
4. Where a request for a trial is dismissed by decision pursuant to Article 127 (2) and such decision becomes
final and conclusive (including where such decision is applied mutatis mutandis to procedures for retrial 
pursuant to Article 161): An amount equivalent to half the fee for a request for a trial from among fees 
already paid; 법제처                                                            38                                                       국가법령정보센
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「TRADEMARK ACT」 
5. Where an application for intervention under Article 142 (1) is withdrawn before the completion of a trial is
notified (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to 
Article 161): An amount equivalent to half the fee for a request for intervention from among fees already 
paid; 
6. Where a request for intervention under Article 142 (1) is rejected by decision (including where such
decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount 
equivalent to half the fee for a request for intervention among fees already paid; 
7. Where a request for a trial is withdrawn before the completion of a trial is notified (including where such
decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount 
equivalent to half the fee for a request for a trial among fees already paid. 
(2) Where a trademark registration fee or fee already paid falls under any of the subparagraphs of paragraph
(1), the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property
Trial and Appeal Board shall notify the person who has paid such fee of the fact.
(3) No claim for refund of a trademark registration fee or fee under paragraph (1) shall be filed if three years
elapse from the date a person receives notification under paragraph (2).
 
Article 80 (Trademark Register) (1) The Commissioner of the Korean Intellectual Property Office shall keep
the trademark register at the Korean Intellectual Property Office and register the following:
1. The establishment, transfer, amendment, extinguishment, reinstatement, renewal of the duration of
trademark rights, conversion of the classification of goods (hereinafter referred to as "conversion of the 
classification of goods") under Article 209, restrictions on addition or disposition of designated goods; 
2. The establishment, maintenance, transfer, amendment, extinguishment, or restrictions on disposition of an
exclusive license or a non-exclusive license; 
3. The establishment, transfer, amendment, extinguishment, or restrictions on disposition of a pledge, the
object of which is to acquire trademark rights, an exclusive license, or a non-exclusive license. 
(2) The trademark register under paragraph (1) may be prepared, fully or partially, by electronic recording
media, etc.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the items to be registered, procedures
for registration, etc. shall be prescribed by Presidential Decree.
 
Article 81 (Issuance of Trademark Registration Certificate) (1) Where trademark rights are established
and registered, the Commissioner of the Korean Intellectual Property Office shall issue a trademark
registration certificate to a trademark right holder.법제처                                                            39                                                       국가법령정보센
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「TRADEMARK ACT」 
(2) Where a trademark registration certificate is inconsistent with the trademark register or other documents,
the Commissioner of the Korean Intellectual Property Office shall withdraw such trademark registration
certificate and issue a corrected trademark registration certificate or a new trademark registration certificate
at the request of a trademark right holder or ex officio.
 
            CHAPTER V TRADEMARK RIGHTS
 
Article 82 (Registration and Establishment of Trademark Rights) (1) Trademark rights shall come
into existence by obtaining trademark registration and establishing trademark rights.
(2) The Commissioner of the Korean Intellectual Property Office shall grant trademark registration for the
establishment of trademark rights, in any of the following cases:
1. Where an applicant pays a trademark registration fee (where he or she pays the trademark registration fee
in installments pursuant to the latter part, with the exception of the subparagraphs of Article 72 (1), 
referring to the first installment of the trademark registration fee; hereafter in this paragraph, the same 
shall apply) pursuant to Article 72 (3) or 74; 
2. Where an applicant pays the remainder of the trademark registration fee pursuant to Article 76 (2);
3. Where an applicant pays a trademark registration fee or pays the remainder thereof pursuant to Article 77
(1). 
(3) Where the Commissioner of the Korean Intellectual Property Office grants trademark registration pursuant
to paragraph (2), he or she shall officially announce the trademark registration by publishing matters
prescribed by Presidential Decree, such as the name, address, and trademark registration number of the
trademark right holder, in the Trademark Official Gazette.
 
Article 83 (Duration of Trademark Rights) (1) The duration of trademark rights shall be 10 years from
the date of registration and establishment thereof pursuant to Article 82 (1).
(2) The duration of trademark rights may be renewed for another 10 years by filing an application to register
the renewal of the duration.
(3) Notwithstanding paragraphs (1) and (2), in any of the following cases, trademark rights shall be
extinguished where five years elapse from the date of registration and establishment of trademark rights or
the date of registration to renew the duration:
1. Where an applicant fails to pay a trademark registration fee (where he or she pays the trademark
registration fee in installments pursuant to the latter part of Article 72 (1), with the exception of its 
subparagraphs, referring to the second installment of the trademark registration fee; hereafter in the 법제처                                                            40                                                       국가법령정보센
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paragraph, the same shall apply) within the period for payment pursuant to Article 72 (3) or 74; 
2. Where an applicant fails to pay the remainder of the trademark registration fee within the period for
remainder payment despite being ordered to pay the remainder of the trademark registration fee pursuant 
to Article 76 (1); 
3. In cases falling under Article 77 (1), where an applicant fails to pay a trademark registration fee or pay the
remainder thereof within the relevant period. 
 
Article 84 (Application to Register Renewal of Duration of Trademark Rights) (1) Any person who
intends to file an application to register the renewal of the duration of trademark rights pursuant to Article
83 (2) shall submit a written application to register the renewal of the duration of trademark rights stating
the following, to the Commissioner of the Korean Intellectual Property Office:
1. Matters under Article 36 (1) 1, 2, 4 and 6;
2. Registration number of the registered trademark.
(2) An application to register the renewal of the duration of trademark rights shall be filed within one year
prior to the expiry of the duration of trademark rights: Provided, That any person who fails to apply for
registering the renewal of the duration of trademark rights within this period may apply for registering the
renewal of the duration of trademark rights within six months after the duration of trademark rights expires.
(3) Deleted. <Apr. 23, 2019>
(4) Except as provided in paragraphs (1) and (2), matters necessary to file an application to register the
renewal of the duration of trademark rights shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy. <Amended on Apr. 23, 2019>
 
Article 85 (Effect of Application to Register Renewal of Duration of Trademark Rights) (1)
Where an application to register the renewal of the duration of trademark rights is filed within the period
under Article 84 (2), the duration of trademark rights shall be deemed renewed.
(2) Registration to renew the duration of trademark rights shall take effect from the day following the date
the effect of the original registration expires.
 
Article 86 (Application for Registration of Additional Designated Goods) (1) A trademark right
holder or an applicant may obtain trademark registration by adding designated goods to the registered
trademark or to the application for trademark registration. In such cases, the date of expiration of the
duration of trademark rights of additionally registered designated goods shall be the expiration date of the
duration of the registered trademark rights.법제처                                                            41                                                       국가법령정보센
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(2) Any person who intends to obtain registration of additional designated goods pursuant to paragraph (1)
shall submit a written application for registration of additional designated goods stating the following to the
Commissioner of the Korean Intellectual Property Office:
1. Matters under Article 36 (1) 1, 2, 5 and 6;
2. Trademark registration number, or application number for trademark registration;
3. Goods to be designated additionally and the category of such goods.
 
Article 87 (Decision to Reject Registration of Additional Designated Goods and Notification of
Grounds for Rejection) (1) Where an application for registration of additional designated goods falls
under any of the following, an examiner shall decide to reject registration of such additional designated
goods:
1. Where such application falls under any of the subparagraphs of Article 54;
2. Where an applicant for registration of additional designated goods is not the relevant trademark right
holder or the relevant applicant thereof; 
3. Where trademark rights of the registered trademark or an application for trademark registration fall(s)
under any of the following: 
(a) Extinguishment of trademark rights; 
(b) Abandonment, withdrawal or invalidation of an application for trademark registration; 
(c) Final and conclusive decision to reject trademark registration under Article 54 in relation to an 
application for trademark registration. 
(2) Where an examiner intends to decide to reject registration of additional designated goods pursuant to
paragraph (1), he or she shall notify an applicant of grounds for rejection. In such cases, the applicant may
submit a written opinion addressing grounds for rejection within a period prescribed by Ordinance of the
Ministry of Trade, Industry and Energy.
(3) An applicant who fails to submit a written opinion within a period under the latter part of paragraph (2)
may request an examiner to proceed with procedures for registration of additional designated goods within
two months from the expiration date of such period; and may submit a written opinion about grounds for
rejection within the period.
 
Article 88 (Provisions Applicable Mutatis Mutandis to Procedures for Filing Application to
Register Renewal of Duration) (1) Article 39 shall apply mutatis mutandis to the amendment of
procedures for filing an application to register the renewal of the duration of trademark rights.법제처                                                            42                                                       국가법령정보센
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(2) Articles 37, 38 (1), 39 through 43, 46, 47, 50, 53, 57 through 70, 128, subparagraphs 1 through 5 and 7 of
Article 134, Article144, and Articles 143, 299, and 367 of the Civil Procedure Act shall apply mutatis mutandis
to an application for registration of additional designated goods.
 
Article 89 (Effect of Trademark Rights) A trademark right holder shall hold the exclusive right to use the
registered trademark in relation to designated goods: Provided, That the foregoing shall not apply to the
extent that a person has the exclusive right to use the registered trademark pursuant to Article 95 (3) when
the exclusive right to use has been established on the trademark rights.
 
Article 90 (Extent on Which Trademark Rights Do Not Have Effect) (1) Where trademark rights
(excluding the right to a collective mark with geographical indication) fall under any of the following,
trademark rights shall not effect the same:
1. Any trademark using his or her own name, title, or trade name, portrait, signature, seal, or well-known
pseudonym, stage name, pen name, and the well-known abbreviated title thereof, in accordance with 
generally accepted business practices; 
2. Any trademark indicating the common name, place of production, quality, raw materials, efficacy, uses,
quantity, shape, price, or methods of production, methods of processing, methods of use and time of 
goods identical or similar to the designated goods of the registered trademark according to methods in 
common use; 
3. In cases of a trademark which consists of a three-dimensional shape, where it is impossible to recognize
that such three-dimensional shape indicates goods related to whose business, any trademark which 
consists of the shape identical or similar to the three-dimensional shape of the registered trademark that is 
used on goods identical or similar to the designated goods of the registered trademark; 
4. Any trademark used commonly on the goods identical or similar to the designated goods of the registered
trademark, and trademark which consists of a distinguished geographical name and the abbreviated title 
thereof or a map; 
5. Any trademark which consists of a shape, color, combination of colors, sound or smell essential to secure
the function of the designated goods of the registered trademark or the package thereof. 
(2) Where the right to a collective mark with geographical indication falls under any of the following, such
right shall not effect the same:
1. Any trademar k falling under paragraph (1) 1, 2 (excluding cases falling under place of production), or 5;
2. Any trademark used commonly on goods deemed identical to the designated goods of the registered
collective mark with geographical indication; 법제처                                                            43                                                       국가법령정보센
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3. Any geographical indication used on goods deemed identical to the designated goods of the registered
collective mark with geographical indication, used by a person who engages in producing, manufacturing 
or processing such goods in the relevant region, or any other homonymous geographical indication; 
4. Where a trademark registered based on first to file contains a geographical indication identical or similar
to a registered collective mark with geographical indication, any registered trademark used by the 
trademark right holder, an exclusive licensee or a non-exclusive licensee on the designated goods. 
(3) Paragraph (1) 1 shall not apply where a person uses his or her own name, title or trade name, portrait,
signature, seal or well-known pseudonym, stage name, pen name and the well-known abbreviation thereof
for the purpose of unfair competition after registration and establishment of trademark rights.
 
Article 91 (Scope of Protection of Registered Trademarks) (1) The scope of protection of registered
trademarks shall be determined by a trademark and items mentioned in an application for trademark
registration.
(2) The scope of protection of designated goods shall be determined by goods mentioned in an application
for trademark registration or an application for registration of the conversion of the classification of goods.
 
Article 92 (Relationship to Design Rights of Other Persons) (1) Where a trademark right holder, an
exclusive licensee or a non-exclusive licensee uses his or her registered trademark, in which case his or her
use of the registered trademark is in conflict with another person’s patent right, utility model right or design
right for which the application was filed prior to the filing date of an application for such trademark
registration or another person’s copyright created prior to the filing date of an application for such
trademark registration depending on how the trademark is used, he or she shall not use the registered
trademark on designated goods in conflict with the relevant rights of others without the consent of the
patentee, the holder of the utility model right, the holder of design right, or the holder of the copyright,
respectively.
(2) Where the use of the registered trademark constitutes an act of unfair competition under subparagraph 1
(j) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act, a trademark right
holder, an exclusive licensee or a non-exclusive licensee shall not use the registered trademark without the
consent of others under the aforesaid item.
 
Article 93 (Transfer and Joint Ownership of Trademark Rights) (1) Trademark rights may be
transferred by dividing them for each of the designated goods. In such cases, similar designated goods shall
be transferred en bloc.법제처                                                            44                                                       국가법령정보센
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(2) Where trademark rights are owned jointly, no joint owner may transfer his or her stake or establish a
pledge on his or her stake without the consent of all of the other joint owners.
(3) Where trademark rights are owned jointly, no joint owner may establish an exclusive license or a non-
exclusive license on such trademark rights without the consent of all of the other joint owners.
(4) No business emblem right shall be transferred: Provided, That the foregoing shall not apply where the
business emblem right is transferred together with the relevant business.
(5) No trademark rights registered pursuant to the proviso of Article 34 (1) 1 (c), the proviso of item (d) of
the same subparagraph or the proviso of subparagraph 3 of the same paragraph shall be transferred:
Provided, That the foregoing shall not apply where registered trademark rights are transferred together with
affairs related to the title, abbreviation or mark under Article 34 (1) 1 (c), (d) or Article 34 (1) 3.
(6) No collective mark right shall be transferred: Provided, That in cases of a merger of corporations, a
collective mark right may be transferred with the permission of the Commissioner of the Korean Intellectual
Property Office.
(7) No certification mark right shall be transferred: Provided, That a certification mark right may be
transferred with the permission of the Commissioner of the Korean Intellectual Property Office where such
certification mark right is transferred along with the relevant affairs to a person eligible to obtain registration
of the relevant certification mark pursuant to Article 3 (3).
(8) No pledge the object of which is to acquire the business emblem right, trademark rights under the
proviso of Article 34 (1) 1 (c), the collective mark right under the proviso of item (d) of the same
subparagraph, or the certification mark right under the proviso of subparagraph (3) of the same paragraph
shall be established.
 
Article 94 (Division of Trademark Rights) (1) Where there are at least two designated goods by
trademark rights, such trademark rights may be divided for each of the designated goods.
(2) Where a trial to invalidate a trademark under Article 117 (1) is requested, trademark rights under
paragraph (1) may be divided until a trial decision becomes final and conclusive even after the trademark
rights are extinguished.
 
Article 95 (Exclusive License) (1) A trademark right holder may establish an exclusive license on others in
relation to his or her trademark rights.
(2) No exclusive license shall be established in relation to the business emblem right, the collective mark
right, or the certification mark right.법제처                                                            45                                                       국가법령정보센
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(3) An exclusive licensee who has obtained establishment of the exclusive license under paragraph (1) shall
exclusively possess the license of the registered trademark on designated goods to the extent determined by
the establishment of the exclusive license.
(4) An exclusive licensee shall indicate his or her own name or title on the goods.
(5) Except in cases of inheritance or other general succession, no exclusive licensee shall transfer the exclusive
license without the consent of a trademark right holder.
(6) No exclusive licensee shall establish a pledge, the object of which is to acquire an exclusive license, or a
non-exclusive license without the consent of a trademark right holder.
(7) Article 93 (2) and (3) shall apply mutatis mutandis to the transfer and joint ownership of the exclusive
license.
 
Article 96 (Effect of Registration of Trademark Rights) (1) None of the following matters shall take
effect unless they are registered:
1. Transfer (excluding transfer by inheritance or other general succession), amendment, or extinguishment by
abandonment of trademark rights, renewal of the duration, conversion of the classification of goods, 
addition of designated goods or restrictions on disposition of trademark rights; 
2. Establishment, transfer (excluding transfer by inheritance or other general succession), amendment,
extinguishment (excluding cases arising due to confusion of trademark rights) or restrictions on disposition 
of the pledge, the object of which is to acquire trademark rights. 
(2) In cases of inheritance of or other general succession to the trademark rights and the pledge under the
subparagraphs of paragraph (1), the purpose thereof shall be reported to the Commissioner of the Korean
Intellectual Property Office without delay.
 
Article 97 (Non-Exclusive License) (1) A trademark right holder may establish a non-exclusive license on
others pertaining to his or her trademark rights.
(2) A non-exclusive licensee who has obtained establishment of the non-exclusive license under paragraph (1)
shall have the right to use the registered trademark on the designated goods to the extent determined by
the establishment of the non-exclusive license.
(3) No non-exclusive license shall be transferred without the consent of a trademark right holder (in cases of
a non-exclusive license relating to an exclusive license, referring to a trademark right holder and an exclusive
licensee), except in cases of inheritance or other general succession.
(4) No pledge the object of which is to acquire a non-exclusive license shall be established without the
consent of a trademark right holder (in cases of a non-exclusive license relating to an exclusive license,법제처                                                            46                                                       국가법령정보센
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referring to a trademark right holder and an exclusive licensee).
(5) Articles 93 (2) and 95 (2) and (4) shall apply mutatis mutandis to restrictions on the joint ownership and
establishment of the non-exclusive license.
 
Article 98 (Right to Use Trademark after Expiration of Duration of Patent Rights) (1) Where
patent rights registered after filing an application for the patent before the filing date of a trademark
application or on the same date as the filing of a trademark application is in conflict with such trademark
right, and the duration of the patent rights expires, the original patent right holder shall have the right to use
a trademark identical or similar to such registered trademark on goods identical or similar to designated
goods of the registered trademark to the extent of the original patent rights: Provided, That the foregoing
shall not apply where the trademark is used for the purpose of unfair competition.
(2) Where patent rights registered after filing an application for the patent before the filing date of a
trademark application or on the same date as the filing of a trademark application is in conflict with such
trademark rights, and the duration of the patent rights expires, a person who has the exclusive license on the
patent rights which exist at the time the duration of the patent rights expires, or the non-exclusive license
which has the effect under Article 118 (1) of the Patent Act on the patent rights or the exclusive license shall
have the right to use a trademark identical or similar to such registered trademark on goods identical or
similar to designated goods of the registered trademark to the extent of the original rights: Provided, That
the foregoing shall not apply where the trademark is used for the purpose of unfair competition.
(3) Any person who has the right to use a trademark pursuant to paragraph (2) shall pay a reasonable price
to the trademark right holder or the exclusive licensee.
(4) The relevant trademark right holder or exclusive licensee may request a person who has the right to use
the trademark pursuant to paragraph (1) or (2) to make an indication necessary to prevent confusion
between goods concerning the business of the person and goods concerning his or her business.
(5) Where a person intends to transfer (excluding transfer by inheritance or other general succession) the
right to use a trademark under paragraphs (1) and (2), he or she shall obtain the consent of the trademark
right holder or the exclusive licensee.
(6) Where the utility model right or the design right registered after filing an application for registration
thereof before the filing date of a trademark application or on the same date as the filing of a trademark
application is in conflict with such trademark rights, in which case the duration of the utility model right or
the design right expires, paragraphs (1) through (5) shall apply thereto.
 법제처                                                            47                                                       국가법령정보센
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Article 99 (Right to Continuously Use Trademark Based on First to Use) (1) Any person who uses a
trademark identical or similar to the registered trademark of another person on goods identical or similar to
the designated goods, and meets the following requirements (including a person who succeeds to his or her
position) shall have the right to continuously use the trademark on goods on which he or she uses the
relevant trademark:
1. he or she shall have continuously used the trademark in the Republic of Korea without the intention of
unfair competition, before another person files an application for trademark registration; 
2. Upon using the trademark pursuant to subparagraph 1, the trademark shall be recognized among
consumers of the Republic of Korea to indicate the goods of a specific person at the time another person 
files an application for trademark registration. 
(2) Any person who uses a means indicating the identity of his or her character, such as his or her name and
trade name, as his or her trademark in accordance with generally accepted business practices, and meets
requirements under paragraph (1) 1 shall have the right to continuously use the trademark on goods on
which he or she uses the relevant trademark.
(3) The trademark right holder or the exclusive licensee may request a person who has the right to use the
trademark pursuant to paragraph (1) to make an indication necessary to prevent the misunderstanding or
confusion of the source between goods of the person and his or her goods.
 
Article 100 (Effect of Registration of Exclusive License or Non-Exclusive License) (1) None of the
following matters shall be effective against third parties unless they are registered:
1. Establishment, transfer (excluding transfer by inheritance or other general succession), amendment,
extinguishment by abandonment or restrictions on disposition of the exclusive license or the non-exclusive 
license; 
2. Establishment, transfer (excluding transfer by inheritance or other general succession), amendment,
extinguishment by abandonment or restrictions on disposition of a pledge, the object of which is to 
acquire the exclusive license or the non-exclusive license. 
(2) Where the exclusive license or the non-exclusive license is registered, it shall also have the effect on any
person who acquires the trademark rights or the exclusive license after registration thereof.
(3) In cases of inheritance of or other general succession to the exclusive license, the non-exclusive license
and the pledge under the subparagraphs of paragraph (1), the purpose thereof shall be reported to the
Commissioner of the Korean Intellectual Property Office without delay.
 법제처                                                            48                                                       국가법령정보센
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Article 101 (Relinquishment of Trademark Rights) The trademark right holder may relinquish
trademark rights for each of the designated goods.
 
Article 102 (Restrictions on Relinquishment of Trademark Rights) (1) No trademark right holder
shall relinquish trademark rights without the consent of the exclusive licensee, the non-exclusive licensee, or
the pledgee.
(2) No exclusive licensee shall relinquish the exclusive license without the consent of the pledgee or the non-
exclusive licensee under Article 95 (6).
(3) No non-exclusive licensee shall relinquish the non-exclusive license without the consent of the pledgee
under Article 97 (4).
 
Article 103 (Effects of Relinquishment) Where trademark rights, exclusive license, non-exclusive license,
or pledge is relinquished, the trademark rights, exclusive license, non-exclusive license, or pledge shall be
extinguished henceforth.
 
Article 104 (Pledge) Where a pledge whose objective is to acquire trademark rights, an exclusive license, or
a non-exclusive license is established, no pledgee shall use the relevant trademark rights.
 
Article 105 (Subrogation of Pledge) A pledge may also be exercised on the price to be paid or goods to
be delivered for the use of trademark rights under this Act: Provided, That the price or goods shall be seized
before the price is paid or goods are delivered.
 
Article 106 (Extinguishment of Trademark Rights) (1) Where a successor fails to obtain transfer
registration of the trademark rights within three years after the decease of the trademark right holder, the
trademark rights shall be extinguished on the day following the date on which three years elapse after the
decease of the trademark right holder.
(2) Where a transfer registration of the trademark rights of a corporation whose liquidation procedures are
being performed is not obtained by the date of registration of the completion of the liquidation of such
corporation (where the process of liquidation is not substantially completed even if registration of the
completion of liquidation is obtained, referring to the earlier of the date the process of liquidation is
substantially completed and the date six months elapse from the date of registration of the completion of
the liquidation; hereafter in this paragraph, the same shall apply), the trademark rights shall be extinguished
on the day following the date of registration of the completion of liquidation.
 법제처                                                            49                                                       국가법령정보센
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            CHAPTER VI PROTECTION OF TRADEMARK RIGHT HOLDERS
 
Article 107 (Right to Seek Injunction against Infringement) (1) A trademark right holder or an
exclusive licensee may seek an injunction requesting the prohibition or prevention of infringement against a
person who infringes or is likely to infringe on his or her right.
(2) Where a trademark right holder or an exclusive licensee makes a request under paragraph (1), he or she
may request the destruction of infringing goods, the removal of facilities provided for infringement, or other
necessary measures.
(3) Where a lawsuit requesting the prohibition or prevention of infringement under paragraph (1) is brought,
the court may provisionally order an injunction on infringement, confiscation of goods, etc. used for
infringement, or other necessary measures at the request of the plaintiff or complainant (limited to where a
case is prosecuted pursuant to this Act). In such cases, the court may require the plaintiff or complainant to
provide security.
 
Article 108 (Acts Deemed Infringement) (1) The following shall be deemed infringement of trademark
rights (excluding the right to collective mark with geographical indication) or an exclusive license:
1. Using a trademark identical to a registered trademark of another person on goods 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; 
2. Delivering, selling, forging, imitating, or possessing a trademark identical or similar to a registered
trademark of another person for the purpose of using or causing a third party to use such trademark on 
goods identical or similar to the designated goods; 
3. Manufacturing, delivering, selling or possessing equipment for the purpose of forging or imitating a
registered trademark of another person or causing a third party to forge or imitate such registered 
trademark; 
4. Possessing goods identical or similar to the designated goods bearing a registered trademark of another
person or any other similar trademark for the purpose of transferring or delivering such goods. 
(2) The following shall be deemed infringement of the right to a collective mark with geographical indication:
1. Using a trademark (excluding a homonymous geographical indication; hereafter in this paragraph, the
same shall apply) similar to a registered collective mark with geographical indication of another person on 
goods deemed identical to the designated goods; 
2. Delivering, selling, forging, imitating or possessing a trademark identical or similar to the registered
collective mark with geographical indication of another person for the purpose of using or causing a third 법제처                                                            50                                                       국가법령정보센
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party to use such trademark on goods deemed identical to the designated goods; 
3. Manufacturing, delivering, selling or possessing equipment for the purpose of forging or imitating, or
causing a third person to forge or imitate the registered collective mark with geographical indication of 
another person; 
4. Possessing goods deemed identical to designated goods bearing a trademark identical or similar to the
registered collective mark with geographical indication for the purpose of transferring or delivering such 
goods. 
 
Article 109 (Claim for Damages) A trademark right holder or an exclusive licensee may claim damages he
or she has incurred against a person who has willfully or negligently infringed his or her trademark rights or
exclusive license.
 
Article 110 (Estimation of Damages) (1) Where a claim for damage is filed pursuant to Article 109, when
a person who infringed upon the right transferred the products that constituted the infringement to a third
party, the aggregate of the following amounts may be determined as the amount of loss that a trademark
right holder or exclusive licensee has sustained: <Amended on Dec. 22, 2020>
1. The amount calculated by multiplying the quantity not exceeding the quantity of products that the
trademark right holder or exclusive licensee could have produced, minus the quantity of products actually 
sold among the quantity of the transferred products (the quantity calculated by subtracting the quantity of 
products that the trademark right holder or exclusive licensee could not sell due to any cause or event, 
other than the infringement, from the quantity of the transferred products, if such cause or event, in 
addition to the infringement, prevented the trademark right holder or exclusive licensee from selling the 
products) by the profit per unit of the products that the trademark right holder or the exclusive licensee 
could have sold if not for the infringement; 
2. The amount that he or she can reasonably receive for use of the trademark eligible for trademark
registration (the quantity calculated by subtracting the relevant quantity, if it is not recognized that the 
trademark right holder or exclusive licensee was able to establish an exclusive license, a non-exclusive 
license as to the trademark right of the trademark right holder or to grant a non-exclusive license as to the 
exclusive license of the exclusive licensee), where there is any quantity exceeding the quantity of products 
that the trademark right holder or exclusive licensee could have produced, minus the quantity of products 
actually sold among the quantity of the transferred products or quantity of products that the trademark 
right holder or exclusive licensee could not sold due to any cause or event, other than the infringement. 법제처                                                            51                                                       국가법령정보센
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(2) Deleted. <Dec. 22, 2020>
(3) Where a person who has committed infringement gains profits attributable to the infringement when a
trademark right holder or an exclusive licensee claims damages under Article 109, such profits shall be
estimated as the amount of damages the trademark right holder or the exclusive licensee has incurred.
(4) Where a trademark right holder or an exclusive licensee claims damages under Article 109, he or she may
claims damages by estimating an amount equivalent to that he or she can reasonably receive from the use
of the registered trademark as the amount of damages he or she has incurred. <Amended on Oct. 20, 2020>
(5) Notwithstanding paragraph (4), where an amount of damages exceeds an amount prescribed in the same
paragraph, a trademark right holder or an exclusive licensee may also claim damages on the excess amount.
In such cases, where the person has not infringed on a trademark right or an exclusive license willfully or by
gross negligence, the court may take such fact into consideration when calculating the amount of damages.
(6) Where the court recognizes that a trademark right holder or an exclusive licensee has incurred damages
in a lawsuit regarding the infringement on a trademark right or exclusive license, but it is difficult for the
court to verify the facts necessary to prove the amount of such damages in the nature of the truth,
notwithstanding paragraphs (1) through (5), the court may recognize a reasonable amount of damages on
the basis of the meaning of all pleadings and the result of the examination of evidence.
(7) The court may determine the amount of damages within the scope not exceeding three times the amount
recognized as damage under paragraphs (1) through (6) to be paid by a person who has intentionally
infringed on a trademark identical or similar to the registered trademark of a trademark right holder or an
exclusive licensee by using the trademark on goods identical or similar to the designated goods,
notwithstanding Article 109. <Newly Inserted on Oct. 20, 2020>
(8) In determining the amount of damages under paragraph (7), the court shall take the following matters
into consideration: <Newly Inserted on Oct. 20, 2020>
1. The degree of dilution to the distinctiveness or reputation of the relevant trademark due to the
infringement; 
2. Whether the infringement has been willful or the level of awareness of the risk of causing damage;
3. The severity of the damage inflicted upon a trademark right holder or an exclusive licensee by the
infringement; 
4. The economic benefits obtained by the infringer through the infringement;
5. The period, the number, etc. of the infringement;
6. The fines imposed for the infringement;법제처                                                            52                                                       국가법령정보센
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7. The financial status of the infringer;
8. The relative degree of efforts made by the infringer to redress damage.
 
Article 111 (Claim for Legal Damages) (1) A trademark right holder or an exclusive licensee may claim
compensation for a reasonable amount to the extent not exceeding 100 million won (300 million won in the
case of willful infringement), in lieu of claiming damages under Article 109 against a person who has willfully
or negligently infringed his or her trademark right or exclusive license by using a trademark identical or
similar to the registered trademark he or she uses on goods identical or similar to the designated goods. In
such cases, the court may recognize a reasonable amount of damages in consideration of the meaning of all
pleadings and the result of the examination of evidence. <Amended on Oct. 20, 2020>
(2) A trademark right holder or an exclusive licensee who has filed a claim for damages against infringement
corresponding to the former part of paragraph (1) pursuant to Article 109 may change such claim into the
claim under paragraph (1) until the court closes pleadings.
 
Article 112 (Presumption of Willfulness) Any person who has infringed trademark rights or an exclusive
license of another person who indicates that it is a registered trademark pursuant to Article 222 shall be
presumed to have been aware that the trademark was already registered, in relation to his or her
infringement.
 
Article 113 (Recovery of Reputation of Trademark Right Holders) The court may order a person
who has damaged business reputation of a trademark right holder or an exclusive licensee by willfully or
negligently infringing the trademark rights or the exclusive license to pay damages at the request of the
trademark right holder or the exclusive licensee, or order the person to take measures necessary to reinstate
the business reputation of the trademark right holder or the exclusive licensee along with compensation for
damages.
 
Article 114 (Submission of Documents) In a lawsuit regarding infringement of a trademark right or an
exclusive license, the court may order the other party to submit documents necessary to calculate damages
caused by infringement at the request of one party: Provided, That the foregoing shall not apply where a
person who possesses such documents has justifiable grounds for refusing to submit the documents.
 
            CHAPTER VII TRIAL
 
Article 115 (Trial against Decision to Dismiss Amendment) Where a person who receives a decision
to dismiss an amendment under Article 42 (1) appeals against such decision, he or she may request a trial법제처                                                            53                                                       국가법령정보센
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within 30 days from the date he or she is served with a certified copy of such decision.
 
Article 116 (Trial against Decision to Reject) Where a person who receives a decision to reject
trademark registration, decision to reject registration of additional designated goods or decision to reject
registration of the conversion of the classification of goods (hereinafter referred to as "decision to reject")
under Article 54 appeals against such decision, he or she may request a trial within 30 days from the date he
or she is served with a certified copy of such decision to reject.
 
Article 117 (Trial to Invalidate Trademark Registration) (1) Where trademark registration or
registration of additional designated goods falls under any of the following, an interested party or an
examiner may request a trial to invalidate such trademark registration. In such cases, where at least two
designated goods bearing the registered trademark exist, he or she may request a trial to invalidate the
relevant trademark registration for each of the designated goods:
1. Where trademark registration or registration of additional designated goods violates Articles 3, 27, 33
through 35, the latter part of Article 48 (2), Article 48 (4) and (6) through (8), and subparagraphs 1, 2 and 4 
through 7 of Article 54; 
2. Where trademark registration or registration of additional designated goods is obtained by a person who
fails to succeed to the right arising from an application for such trademark registration; 
3. Where registration of additional designated goods violates Article 87 (1) 3;
4. Where trademark registration or registration of additional designated goods violates the treaty;
5. Where a trademark right holder becomes ineligible to enjoy the trademark rights pursuant to Article 27
after the trademark is registered or such registered trademark violates the treaty; 
6. Where a registered trademark falls under Article 33 (1) after the trademark is registered (excluding cases
falling under paragraph (2) of that Article); 
7. Where a geographical indication which constitutes a registered collective mark is no longer protected or
used in the country of origin after the collective mark with geographical indication is registered pursuant 
to Article 82. 
(2) A trial to invalidate a trademark under paragraph (1) may be requested even after the trademark rights
are extinguished.
(3) Where a trial decision to invalidate trademark registration becomes final and conclusive, such trademark
rights shall be deemed never to have existed: Provided, That where the trial decision to invalidate the
trademark registration becomes final and conclusive pursuant to paragraph (1) 5 through 7, the trademark
rights shall be deemed not to have existed from the time the registered trademark falls under the same법제처                                                            54                                                       국가법령정보센
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subparagraph.
(4) Where the proviso of paragraph (3) is applied, if it is impossible to specify the time a registered
trademark falls under paragraph (1) 5 through 7, the relevant trademark rights shall be deemed to have not
existed from the time a trial to invalidate trademark registration under paragraph (1) is requested and the
content of the trial is officially announced on the original register.
(5) Where a trial to invalidate trademark registration under paragraph (1) is requested, the presiding judge
shall notify the exclusive licensee of the relevant trademark rights and other persons who have registered
rights to the trademark of the purpose thereof.
 
Article 118 (Trial to Invalidate Registration to Renew Duration of Trademark Rights) (1) Where
registration to renew the duration of trademark rights falls under any of the following, an interested party or
an examiner may request a trial to invalidate such renewal registration. In such cases, where at least two
designated goods bearing a registered trademark renewed exist, he or she may request a trial to invalidate
such renewal registration for each of the designated goods: <Amended on Apr. 23, 2019>
1. Where registration to renew the duration of trademark rights violates Article 84 (2);
2. Where a person who is not the relevant trademark right holder (where a trademark is jointly owned, each
joint owner shall be deemed a trademark right holder) files an application to register the renewal of the 
duration of the trademark rights. 
(2) A trial to invalidate a renewal registration under paragraph (1) may be requested even after the trademark
rights are extinguished.
(3) Where a trial decision to invalidate registration to renew the duration of trademark rights becomes final
and conclusive, such renewal registration shall be deemed never to have existed.
(4) Where a trial under paragraph (1) is requested, the presiding judge shall notify the exclusive licensee of
the relevant trademark rights and other persons who have registered rights to the trademark of the purpose
thereof.
 
Article 119 (Trial to Revoke Trademark Registration) (1) Where a registered trademark falls under any
of the followings, a trial to revoke the trademark registration may be requested:
1. Where a trademark right holder causes the misunderstanding of the quality of goods or confusion with
goods related to another person's business among consumers by willfully using a trademark similar to the 
registered trademark on the designated goods, or using the registered trademark or a similar trademark on 
goods similar to the designated goods; 법제처                                                            55                                                       국가법령정보센
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2. Where an exclusive licensee or a non-exclusive licensee causes the misunderstanding of the quality of
goods or confusion with goods related to another person's business by using a registered trademark or a 
trademark similar to the registered trademark on the designated goods, or goods similar to the designated 
goods: Provided, That the foregoing shall not apply where the trademark right holder pays considerable 
attention; 
3. Where none of a trademark right holder, an exclusive licensee or a non-exclusive licensee has used the
registered trademark on the designated goods in the Republic of Korea for at least three consecutive years 
without justifiable grounds before a trial to revoke the registered trademark is requested; 
4. Where the registered trademark violates the latter part of Article 93 (1), and paragraphs (2), and (4)
through (7) of the same Article; 
5. Where similar registered trademarks belong to different respective trademark right holders due to the
transfer of the trademark rights, and one of them causes the misunderstanding of the quality of goods or 
confusion with goods related to another person's business among consumers by using his or her 
trademark on goods identical or similar to the designated goods bearing his or her trademark for the 
purpose of unfair competition; 
6. Where a person who has the right to the registered trademark falling under Article 92 (2) requests a trial
to revoke the trademark registration within five years from the date the relevant trademark is registered; 
7. Where a collective mark falls under any of the following:
(a) Where a member of the organization allows another person to use its collective mark in violation of its 
articles of incorporation, or causes the misunderstanding of the quality of goods or the source of a 
geographical indication, or confusion with goods related to another person's business among 
consumers by using its collective mark in violation of its articles of incorporation: Provided, That the 
foregoing shall not apply where the holder of the collective mark right pays due attention to supervise 
its members; 
(b) Where the organization is likely to cause the misunderstanding of the quality of goods or confusion 
with goods related to another person's business among consumers by amending its articles of 
incorporation under Article 36 (3) after it registers its collective mark and establishes its collective mark 
right; 
(c) Even where a third party causes the misunderstanding of the quality of goods or the source of a 
geographical indication, or confusion with goods related to another person's business among 
consumers by using its collective mark, the holder of the collective mark right willfully fails to take 
appropriate measures; 법제처                                                            56                                                       국가법령정보센
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8. Where a collective mark with geographical indication falls under any of the following:
(a) In cases of an application for registration of a collective mark with geographical indication, where the 
articles of incorporation of the organization actually prevents its members from joining the organization, 
such as prohibiting them from joining the organization or stipulating impracticable conditions for 
joining the organization, or allow a person ineligible to use such geographical indication to join the 
organization; 
(b) Where the holder of a collective mark right with geographical indication or a member of the 
organization causes the misunderstanding of the quality of goods or confusion on the source of the 
geographical indication by using the collective mark in violation of Article 223; 
9. Where a certification mark falls under any of the following:
(a) Where the holder of the certification mark right permits the use of the certification mark, in violation of 
the articles of incorporation or the rules submitted pursuant to Article 36 (4); 
(b) Where the holder of the certification mark right uses the certification mark on his or her own goods, in 
violation of the proviso of Article 3 (3); 
(c) Where a person permitted to use the certification mark right allows another person to use such mark, in 
violation of the articles of incorporation or the rules, or causes confusion concerning the quality of 
goods, the place of origin, methods of production or other characteristics among consumers by using 
the certification mark in violation of the articles of incorporation or the rules: Provided, That the 
foregoing shall not apply where the holder of the certification mark right pays due attention to 
supervise any person permitted to use the certification mark; 
(d) Where the holder of the certification mark right fails to make appropriate measures even though he or 
she is aware that a third party who fails to obtain permission to use the certification mark causes 
confusion concerning the quality of goods, the place of origin, methods of production or other 
characteristics among consumers by using the certification mark; 
(e) Where the holder of the certification mark right actually prevents a person eligible to use the 
certification mark right from using the certification mark right without justifiable grounds in accordance 
with the articles of incorporation or the rules, or stipulates impracticable conditions for using the 
certification mark right in the articles of incorporation or the rules. 
(2) Where at least two designated goods bearing the registered trademark exist when a trial to revoke
trademark registration is requested on the grounds that the registered trademark falls under paragraph (1) 3,
a trial to revoke trademark registration may be requested in relation to some of the designated goods.법제처                                                            57                                                       국가법령정보센
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(3) Where a trial to revoke trademark registration is requested on the grounds that the registered trademark
falls under paragraph (1) 3, no trademark right holder may be exempted from the revocation of trademark
registration for the designated goods related to such lawsuit unless the requested person proves that he or
she has legitimately used the relevant registered trademark on at least one designated goods related to the
trial to revoke trademark registration in the Republic of Korea within three years before the date the trial is
requested: Provided, That the foregoing shall not apply where the requested person has proved justifiable
grounds for using a registered trademark which he or she has not used.
(4) Even if the fact that constitutes grounds for requesting a trial of revocation ceases to exist after the trial
has been requested on the grounds falling under paragraph (1) (excluding subparagraphs 4 and 6 of the
same paragraph), the absence thereof shall not affect the grounds for revocation.
(5) Any person may request a trial to revoke trademark registration under paragraph (1): Provided, That a trial
to revoke trademark registration on the grounds that the registered trademark falls under paragraph (1) 4
and 6 may be requested by an interested person only.
(6) Where a trial decision to revoke trademark registration becomes final and conclusive, such trademark
rights shall be extinguished henceforth: Provided, That where the trial decision to revoke the trademark
registration on the grounds that the registered trademark falls under paragraph (1) 3 becomes final and
conclusive, the trademark rights shall be deemed extinguished on the date the trial is requested.
(7) Where a trial to revoke trademark registration under paragraph (1) is requested, the presiding judge shall
notify the exclusive licensee of the relevant trademark rights and other persons who have registered rights to
the trademark of the purpose thereof.
 
Article 120 (Trial to Revoke Registration of Exclusive License or Non-Exclusive License) (1)
Where an exclusive licensee or a non-exclusive licensee commits an act falling under Article 119 (1) 2, the
trademark right holder may request a trial to revoke registration of such exclusive license or non-exclusive
license.
(2) Even if a fact that constitutes grounds for requesting a trial to revoke registration of an exclusive license
or a non-exclusive license ceases to exist after the trademark right holder files such lawsuit pursuant to
paragraph (1), the non-existence of such fact shall not have an influence on grounds for revocation.
(3) Any person may request a trial to revoke an exclusive license or a non-exclusive license under paragraph
(1).
(4) Where a trial decision to revoke registration of an exclusive license or a non-exclusive license becomes
final and conclusive, such exclusive license or non-exclusive license shall be extinguished from that time.법제처                                                            58                                                       국가법령정보센
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(5) Where any person requests a trial to revoke registration under paragraph (1), the presiding judge shall
notify the non-exclusive licensee of the relevant exclusive license, the right holder who has registered other
exclusive license, or the right holder who has registered the relevant non-exclusive license of the purpose
thereof.
 
Article 121 (Trial to Confirm Scope of Rights) A trademark right holder, an exclusive licensee, or an
interested party may request a trial to confirm the scope of rights of trademark rights to confirm the scope
of rights of the registered trademark. In such cases, where at least two designated goods bearing the
registered trademark exist, any of the aforesaid persons may request a trial to confirm the scope of rights for
each of the designated goods.
 
Article 122 (Period of Exclusion) (1) No trial to invalidate trademark registration, registration to renew the
duration of trademark rights, or registration of the conversion of the classification of goods on the grounds
that the registered trademark falls under Article 34 (1) 6 through 10 and 16, Articles 35, 118 (1) 1 and 214 (1)
3 shall be requested after five years elapse from the date of trademark registration, the date of registration
to renew the duration of the trademark rights, or the date of registration of the conversion of the
classification of goods.
(2) No trial to revoke trademark registration or registration of an exclusive license or non-exclusive license on
the grounds that the trademark falls under Articles 119 (1) 1, 2, 5, 7 through 9 and 120 (1) shall be requested
after three years elapse from the date the fact that constitutes grounds for revocation ceases to exist.
 
Article 123 (Application Mutatis Mutandis of Examination Provisions to Trial against Decision
to Reject Trademark Registration) (1) Articles 41, 42, 45, 55, 57 through 68, 87 (2) and (3), and 210 (2)
and (3) shall apply mutatis mutandis to trials against a decision to reject trademark registration under Article
54. In such cases, Article 57 shall not apply mutatis mutandis to cases where an application for trademark
registration or application for registration of additional designated goods has already been announced
officially.
(2) Where Article 42 is applied mutatis mutandis pursuant to paragraph (1), "Where a person files a lawsuit
pursuant to Article 115" in Article 42 (3) shall be construed as "where a lawsuit is commenced pursuant to
Article 162 (1)," and "until the trial decision becomes final and conclusive" shall be construed as "until the
judgment becomes final and conclusive," respectively.
(3) Articles 42 (4) and (5), 55, 87 (2) and (3), and 210 (2) and (3) applied mutatis mutandis pursuant to
paragraph (1) shall also apply mutatis mutandis where grounds for decision to reject the relevant trademark
registration and other grounds for rejection are discovered.법제처                                                            59                                                       국가법령정보센
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Article 124 (Request for Joint Trial) (1) Where at least two persons request any of the following trials on
the same trademark rights, they may severally or jointly request a trial:
1. A trial to invalidate trademark registration under Article 117 (1) or registration to renew the duration of
trademark rights under Article 118 (1); 
2. A trial to revoke trademark registration under Article 119 (1);
3. A trial to revoke registration of an exclusive license or a non-exclusive license under Article 120 (1);
4. A trial to confirm the scope of rights under Article 121;
5. A trial to invalidate registration of the conversion of the classification of goods under Article 214 (1).
(2) Where a person requests a trial against the holder of a trademark right under joint ownership, he or she
shall file a lawsuit against all of the joint owners requested.
(3) Notwithstanding paragraph (1), where a joint owner of the trademark rights or the right to obtain
trademark registration requests a trial concerning the rights under joint ownership, all of the joint owners
shall file such lawsuit.
(4) Where the cause for the interruption or the suspension of trial proceedings lies in a requester under
paragraph (1) or (3), or one of the requested persons under paragraph (2), such interruption or suspension
shall take effect on all of them.
 
Article 124-2 (State-Appointed Attorney) (1) The President of the Intellectual Property Trial and Appeal
Board may appoint an attorney (hereinafter referred to as a "State-appointed attorney") at the request of a
party to a trial who meets the requirements prescribed by Ordinance of the Ministry of Trade, Industry and
Energy: Provided, That this shall not apply where the request for a trial is clearly groundless or where it is
deemed abuse of rights.
(2) Fees associated with trial proceedings payable by a party represented by a State-appointed attorney may
be waived or reduced.
(3) Matters regarding State-appointed attorneys, such as procedures for applying for appointment of a State-
appointed attorney and waiver or reduction of fees shall be prescribed by Ordinance of the Ministry of Trade,
Industry and Energy.
[This Article Newly Inserted on Jan. 8, 2019]
 
Article 125 (Methods of Requesting Trials, Such as Trial to Invalidate Trademark Registration)
(1) Any person who intends to request a trial under Articles 117 through 121 shall submit a written request
therefor stating the following to the President of the Intellectual Property Trial and Appeal Board:법제처                                                            60                                                       국가법령정보센
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1. Name and address of the party (in cases of a corporation, referring to its name and the seat of its place of
business); 
2. Where the party has appointed an agent, the name and address of his or her agent or the seat of the
place of business of his or her agent (where his or her agent is a patent corporation or patent corporation 
(with limited liability), referring to its name, the seat of its office and the name of a designated patent 
attorney); 
3. Indication of the case at trial;
4. Purpose of and grounds for the request.
(2) Where a person amends a written request for a trial submitted pursuant to paragraph (1), he or she shall
not amend the purpose thereof: Provided, That in any of the following cases, the foregoing shall not apply:
1. Where an amendment (including an addition) is made to correct items mentioned by a trademark right
holder among the parties under paragraph (1) 1; 
2. Where grounds for a request made under paragraph (1) 4 are amended.
3. Where a requester amends a trademark subject to confirmation under a written request for a trial and
goods bearing such trademark to make such trademark and goods identical to the trademark used by a 
requested person and goods bearing the trademark when the requested person claims that the trademark 
he or she actually uses and goods bearing the trademark are different from the trademark subject to 
confirmation under the written request for a trial and goods bearing the trademark (referring to the 
trademark and goods bearing the trademark of the requested person claimed by the requester) in a trial to 
confirm the scope of rights requested by a trademark right holder or an exclusive licensee pursuant to 
Article 121. 
(3) Where a person requests a trial to confirm the scope of rights under Article 121, he or she shall submit a
sample of a trademark and a list of goods bearing such trademark to compare with the registered trademark.
 
Article 126 (Methods of Request for Trial against Decision to Dismiss Amendments) (1) Any
person who intends to request a trial against a decision to dismiss an amendment under Article 115 or on a
decision to reject under Article 116 shall submit a written request for a trial stating the following, to the
President of the Intellectual Property Trial and Appeal Board:
1. Name and address of the requester (in cases of a corporation, referring to its name and the seat of its
place of business); 
2. Where the requester has appointed an agent, the name and address of his or her agent or the seat of the
place of business of his or her agent (where his or her agent is a patent corporation or patent corporation 
(with limited liability), referring to its name, the seat of its office and the name of a designated patent 법제처                                                            61                                                       국가법령정보센
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attorney); 
3. The filing date of the application and the application number;
4. Designated goods and the category of designated goods;
5. The date of decision to reject or the date of decision to dismiss an amendment made by an examiner;
6. Indication of the case at trial;
7. Purpose of and grounds for the request.
(2) Where a person makes an amendment to a written request for a trial submitted pursuant to paragraph
(1), he or she shall not amend the purpose thereof: Provided, That in any of the following cases, the
foregoing shall not apply:
1. Where he or she makes an amendment (including an addition) to correct items mentioned by a requester
under paragraph (1) 1; 
2. Where he or she makes an amendment to grounds for request under paragraph (1) 7.
(3) Where a person requests a trial against a decision to reject under Article 116, the President of the
Intellectual Property Trial and Appeal Board shall notify a person who has filed a formal objection of the
purpose of such decision to reject when the decision to make the rejection is made due to a formal
objection.
 
Article 127 (Dismissal of Request for Trial) (1) Where a written request falls under any of the following,
the presiding judge shall require a requester to make an amendment with a fixed period:
1. Where a written request violates Article 125 (1) or (3) or 126 (1);
2. Where trial proceedings fall under any of the following:
(a) Trial proceedings violate Article 4 (1) or 7; 
(b) Where a requester fails to pay a fee payable under Article 78; 
(c) Trial proceedings violate a method prescribed by this Act or an order under this Act. 
(2) Where a person ordered to make an amendment under paragraph (1) fails to make an amendment within
a designated period or any matters amended violate Article 125 (2) or 126 (2), the presiding judge shall
dismiss a written request or a request related to the relevant procedures by decision.
(3) A decision under paragraph (2) shall be made in writing and grounds for such decision shall be specified.
 
Article 128 (Dismissal of Trial Decision on Request for Trial Unamendable) Notwithstanding Article
133 (1), where it is impossible to amend an unlawful defect in a request for a trial, the presiding judge may
dismiss such request through a trial decision without providing a requested person with an opportunity to
submit a written answer.법제처                                                            62                                                       국가법령정보센
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Article 129 (Judges) (1) The President of the Intellectual Property Trial and Appeal Board shall require judges
to make a trial decision if a trial is requested.
(2) Qualification of judges shall be prescribed by Presidential Decree.
(3) Judges shall make trial decisions independently.
 
Article 130 (Designation of Judges) (1) The President of the Intellectual Property Trial and Appel Board
shall designate judges to form a collegial body (hereinafter referred to as "collegial body of judges") under
Article 132 on each trial case.
(2) Where any judge is unable to participate in a trial among judges under paragraph (1), the President of
the Intellectual Property Trial and Appel Board may require another judge to make a trial decision.
 
Article 131 (Presiding Judges) (1) The President of the Intellectual Property Trial and Appeal Board shall
designate one person among the judges designated under Article 130 (1) as the presiding judge.
(2) The presiding judge shall preside over affairs concerning each case on trial.
 
Article 132 (Collegial Body of Judges) (1) A collegial body of judges comprised of three or five judges
shall make a trial.
(2) Agreement of a collegial body of judges under paragraph (1) shall be reached by majority decision.
(3) No agreement in a trial shall be disclosed.
 
Article 133 (Submission of Written Answers) (1) Where a person requests a trial, the presiding judge
shall serve a duplicate copy of a written request on a requested person and provide him or her with an
opportunity to submit his or her written answer within a fixed period.
(2) The presiding judge, in receipt of a written answer under paragraph (1), shall serve a duplicate copy of
the written answer on a requester.
(3) The presiding judge may examine each party concerning a trial.
 
Article 134 (Exclusion of Judges) Where a judge falls under any of the following, he or she shall be
excluded from the trial:
1. Where a judge or person who is or was his or her spouse is a party of, an intervenor in or a person who
raises a formal objection in the case; 
2. Where a judge is or was a relative of a party of, an intervenor in, or a person who raises a formal objection
to the case on trial; 
3. Where a judge is or was the legal representative of a party of, an intervenor in, or a person who raises a
formal objection to the case on trial; 법제처                                                            63                                                       국가법령정보센
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4. Where a judge bears witness to the case or is or was an expert witness of the case;
5. Where a judge is or was an agent of a party of, an intervenor in or a person who raises a formal objection
to the case; 
6. Where a judge has participated in a decision on whether to grant trademark registration, or decision or
trial decision on a formal objection as a judge or examiner in relation the case; 
7. Where a judge has direct interest in the case on trial.
 
Article 135 (Requests for Exclusion) Where a cause of exclusion under Article 134 exists, a party or an
intervenor may apply for exclusion.
 
Article 136 (Challenge to Judges) (1) Where a party or an intervenor is unable to expect a judge to make
a fair trial, he or she may file an application for challenge of such judge.
(2) No party or intervenor shall file an application for challenge after he or she has submitted his or her
statements on the case in writing or verbally: Provided, That the foregoing shall not apply where he or she is
unaware that the cause of challenge exists or the cause of challenge occurs after he or she has made his or
her statements.
 
Article 137 (Explanation of Exclusion or Challenge) (1) Any person who intends to apply for exclusion
or challenge pursuant to Articles 135 and 136 shall submit a document stating the ground therefor to the
President of the Intellectual Property Trial and Appealing Board: Provided, That where a hearing is held, he or
she may make a verbal statement about the cause thereof.
(2) Any person who files an application for exclusion or challenge shall provide an explanation of the ground
therefor within three days from the date he or she files such application.
 
Article 138 (Decision on Application for Exclusion or Challenge) (1) Where an application for
exclusion or challenge is filed, exclusion or challenge shall be decided through a trial.
(2) No judge against whom an application for exclusion or challenge is filed shall participate in a trial related
to such exclusion or challenge: Provided, That he or she may state his or her opinion.
(3) All decisions made under paragraph (1) shall be in writing, and grounds for such decision shall be stated
therein.
(4) No person shall appeal a decision under paragraph (1).
 
Article 139 (Suspension of Trial Proceedings) Where an application for exclusion or challenge is filed,
trial proceedings shall be suspended until a decision on such application is made: Provided, That the
foregoing shall not apply where there is an urgent reason prescribed by Presidential Decree.법제처                                                            64                                                       국가법령정보센
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Article 140 (Abstention by Judges) Where a judge falls under Article 134 or 136, he or she may abstain
from a trial for the relevant case with the permission of the President of the Intellectual Property Trial and
Appeal Board.
 
Article 141 (Hearings) (1) A hearing in a trial shall be either oral or paper: Provided, That where a party
applies for an oral hearing, the oral hearing shall be held except where it is deemed that a decision may be
made only by a paper hearing.
(2) All oral hearings shall be open to the public: Provided, That the foregoing shall not apply where public
order and good morals are likely to be compromised.
(3) Where the presiding judge holds an oral hearing for a trial pursuant to paragraph (1), he or she shall
determine the date and place and serve a document stating the purport thereof on a party and an
intervenor: Provided, That the foregoing shall not apply where he or she notifies the party and intervenor
who attend the relevant trial.
(4) Where the presiding judge holds an oral hearing for a trial pursuant to paragraph (1), he or she shall
require an officer designated by the President of the Intellectual Property Trial and Appeal Board to prepare
records stating the outline of the trial and other necessary matters on each date of the trial.
(5) The presiding judge of a trial and an officer who has prepared records shall affix their signatures and
seals to the records under paragraph (4).
(6) Articles 153, 154 and 156 through 160 of the Civil Procedure Act shall apply mutatis mutandis to the
records under paragraph (4).
(7) Articles 143, 259, 299 and 367 of the Civil Procedure Act shall apply mutatis mutandis to all trials.
(8) The presiding judge shall maintain order in the court during an oral hearing.
 
Article 142 (Intervention) (1) Any person entitled to request a trial under Article 124 (1) may intervene in
the trial until the trial is completed.
(2) Any intervenor under paragraph (1) may continue trial proceedings even after the party in whose favor
the intervenor enters the proceedings voluntarily withdraws his or her request for the trial.
(3) Any person who has an interest in the result of a trial may intervene in such trial to assist either party
until the trial is completed.
(4) Any intervenor under paragraph (3) may participate in all trial proceedings.
(5) Where any cause for interruption or suspension of trial proceedings lies in an intervenor under paragraph
(1) or (3), such interruption or suspension shall also effect the party in whose favor the intervenor entered the
proceedings.법제처                                                            65                                                       국가법령정보센
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Article 143 (Application for and Decision on Intervention) (1) Any person who intends to intervene in
a trial shall submit an application for intervention to the presiding judge.
(2) Upon receipt of an application for intervention, the presiding judge shall serve a duplicate copy of the
application for intervention on the parties and other intervenors, and provide them with an opportunity to
submit their written opinions within a fixed period.
(3) Where an application for intervention is filed, such intervention shall be decided through a trial.
(4) A decision under paragraph (3) shall be made in writing, and grounds for such decision shall be specified.
(5) No person shall appeal a decision under paragraph (3).
 
Article 144 (Examination and Preservation of Evidence) (1) A judge may examine or preserve evidence
at the request of a party, an intervenor or an interested party or ex officio.
(2) The provisions concerning the examination and preservation of evidence of the Civil Procedure Act shall
apply mutatis mutandis to the examination and preservation of evidence under paragraph (1): Provided, That
a judge shall not determine an administrative fine, order the arrest of any person or require any person to
deposit security.
(3) An application for the preservation of evidence under paragraph (1) shall be filed with the President of
the Intellectual Property Trial and Appeal Board before a request for a trial is made, and with the presiding
judge when the trial is proceeding.
(4) Where an application for preservation of evidence under paragraph (1) is filed with the President of the
Intellectual Property Trial and Appeal Board before a request for a trial is made, he or she shall designate
judges to participate in such application.
(5) Where the presiding judge examines or preserves evidence ex officio pursuant to paragraph (1), he or she
shall serve the result thereof on the parties, intervenors or interested parties, and provide them with an
opportunity to submit their written opinions within a fixed period.
 
Article 145 (Proceeding with Trial) The presiding judge may proceed with a trial even if a party or an
intervenor fails to follow procedures within a statutory period or designated period or fails to attend the trial
on the date under Article 141 (3).
 
Article 146 (Ex Officio Hearings) (1) A judge may hold hearings about grounds a party or an intervenor
did not mention in his or her application. In such cases, the judge shall give them an opportunity to state
their opinions on such grounds within a fixed period.
(2) No judge shall hold hearings about the purport of a request not made by a requester.법제처                                                            66                                                       국가법령정보센
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Article 147 (Consolidation or Division of Hearings or Trial Decisions) A collegial body of judges
may consolidate or divide hearings or trial decisions on at least two trials in which one or both parties are
the same.
 
Article 148 (Withdrawal of Requests for Trial) (1) A request for a trial may be withdrawn until a trial
decision becomes final and conclusive: Provided, That where a written answer under Article 133 (1) is
submitted, one party shall obtain the consent of the other party.
(2) Where a trial to invalidate trademark registration, etc. under Article 117 (1), 118 (1) or 214 (1) is requested
in relation to at least two designated goods, a request for a trial may be withdrawn for each of the
designated goods.
(3) Where a request for a trial is withdrawn pursuant to paragraph (1) or (2), such request for a trial or a
request for a trial concerning such designated goods shall be deemed never to have existed.
 
Article 149 (Trial Decision) (1) Except as otherwise expressly provided, a trial shall be completed upon a
trial decision.
(2) A trial decision under paragraph (1) shall be made in writing stating the following, and judges who make
such trial decision shall affix their signatures and seals to such documents:
1. Trial Number;
2. Names and addresses of the parties and intervenors (in cases of a corporation, referring to its name and
the seat of its place of business); 
3. Where an agent of a party or an intervenor exists, the name and address of his or her agent or the seat of
his or her place of business [where the agent is a patent corporation or patent corporation (with limited 
liability), referring to its name, the seat of its office and the name of a designated patent attorney]; 
4. Indication of the case at trial;
5. Text of the trial decision;
6. Grounds for the trial decision (including the purpose of the request and an outline of such grounds);
7. Date of the trial decision.
(3) When a case is due for trial decision, the presiding judge shall notify a party and an intervenor of the
completion of a hearing.
(4) If deemed necessary, the presiding judge may resume a hearing at the request of a party or an intervenor
or ex officio, even after he or she has notified the completion of the hearing pursuant to paragraph (3).
(5) A trial decision shall be made within 20 days from the date the presiding judge notifies the completion of
a hearing under paragraph (3).법제처                                                            67                                                       국가법령정보센
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(6) Where a trial decision or a decision is made, the presiding judge shall serve a certified copy of the trial
decision or decision on a party, an intervenor and persons whose application for intervention is rejected
though they have filed an application for intervention.
 
Article 150 (Res Judicata) Where a trial decision under this Act becomes final and conclusive, no person
shall re-request a trial on the case based on the same fact or evidence: Provided, That the foregoing shall
not apply where the final and conclusive trial decision is dismissal.
 
Article 151 (Relationship to Lawsuits) (1) Where necessary in a trial, the presiding judge may suspend
procedures ex officio or at the request of a party until a trial decision rendered in another trial in connection
with the trial’s case becomes final and conclusive or legal proceedings are completed.
(2) Where necessary in legal proceedings, a court may suspend such legal proceedings, ex officio or at the
request of a party, until a trademark-related trial decision becomes final and conclusive.
(3) Where a lawsuit against infringement of a trademark right or an exclusive license is brought, the court
shall notify the President of the Intellectual Property Trial and Appeal Board of the purpose of such lawsuit.
The same shall also apply where such legal proceedings are completed.
(4) Where in response to a lawsuit concerning infringement on trademark rights or an exclusive license under
paragraph (3), a trial to invalidate such trademark rights, etc. is requested, the President of the Intellectual
Property Trial and Appeal Board shall notify the court under the same paragraph of the purpose of such
lawsuit. The same shall also apply where a decision to dismiss a written request for such trial, or a trial
decision is made or such request is withdrawn.
 
Article 152 (Trial Expenses) (1) The payment of trial expenses under Articles 117 (1), 118 (1), 119 (1), 120
(1), 121 and 214 (1) shall be determined through a trial decision if a trial is completed upon a trial decision,
or by decision if a trial is completed without a trial decision.
(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112 and 116 of the Civil Procedure Act shall apply
mutatis mutandis to trial expenses under paragraph (1).
(3) Trial expenses under Article 115 or 116 shall be borne by a requester.
(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to expenses borne by a requester
pursuant to paragraph (3).
(5) The President of the Intellectual Property Trial and Appeal Board shall determine the amount of trial
expenses at the request of a party after a trial decision or a decision becomes final and conclusive.
(6) The extent, amount and payment of trial expenses and the payment of expenses incurred in performing
procedures in a trial shall coincide with precedents in the relevant provisions of the Costs of Civil Procedure법제처                                                            68                                                       국가법령정보센
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Act to the extent not inconsistent with the nature thereof.
(7) A fee paid or to be paid by a party to a patent attorney who has followed trial proceedings on behalf of
the party shall be deemed trial expenses to the extent of the amount prescribed by the Commissioner of the
Korean Intellectual Property Office. In such cases, even if several patent attorneys have participated in trial
proceedings on behalf of the party, only one patent attorney is deemed to have followed trial proceedings
on behalf of the party.
 
Article 153 (Title of Execution on Amount of Trial Expenses) A final and conclusive decision
concerning the amount of trial expenses determined by the President of the Intellectual Property Trial and
Appeal Board shall be of the same effect as an enforceable title of execution. In such cases, a public official
of the Intellectual Property Trial and Appeal Board shall grant the enforceable writ.
 
Article 154 (Special Rules of Trial concerning Decision to Dismiss Amendments and Decision
to Reject) The provisions of Articles 133 (1) and (2), 142 and 143 shall not apply to a trial concerning a
decision to dismiss amendments under Article 115 and a decision to reject under Article 116.
 
Article 155 (Effect of Procedures for Examination or Formal Objection) Trademark-related
procedures followed in an examination or a formal objection shall have the effect on a trial concerning any
of the following decisions to reject:
1. Decision to reject trademark registration under Article 54;
2. Decision to reject an application to register the renewal of the duration of trademark rights;
3. Decision to reject an application for registration of additional designated goods;
4. Decision to reject registration of the conversion of the classification of goods.
 
Article 156 (Revocation of Decision to Dismiss Amendments) (1) Where a trial concerning a decision
to reject an amendment under Article 115 or trial concerning a decision to reject under Article 116 is
requested, where a collegial body of judges deems such request reasonable, it shall revoke such decision to
dismiss the amendment or decision to reject through a trial decision.
(2) Where a decision to dismiss an amendment or a decision to reject is revoked in a trial pursuant to
paragraph (1), a trial decision that the revocation thereof will be referred to examination may be made.
(3) Grounds that form the basis for revocation in a trial decision under paragraphs (1) and (2) shall bind the
examiners to such case.
 법제처                                                            69                                                       국가법령정보센
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            CHAPTER VIII RETRIAL AND LAWSUITS
 
Article 157 (Requests for Retrial) (1) Any party may request a retrial concerning the final and conclusive
trial decision.
(2) Articles 451, 453, and 459 (1) of the Civil Procedure Act shall apply mutatis mutandis to a request for a
retrial under paragraph (1).
 
Article 158 (Appealing Against Trial Decision by Deception) (1) Where a party to a trial conspires to
cause the court to reach a trial decision by deception for the purpose of infringing the right of or breaching
the interest of a third party, the third party may request a retrial on the final and conclusive trial decision.
(2) In cases of a request for a retrial under paragraph (1), the parties to a trial shall be joint respondents.
 
Article 159 (Period of Request for Retrial) (1) A party shall request a retrial within 30 days from the date
he or she becomes aware of the grounds for a retrial after a trial decision becomes final and conclusive.
(2) Where a retrial is requested on the grounds of a defect in agency authority, the period under paragraph
(1) shall be counted from the day following the date a requester or his or her legal representative becomes
aware that a trial decision is made when he or she is served with a certified copy of the trial decision.
(3) No retrial shall be requested where three years elapse after the trial decision becomes final and
conclusive.
(4) Where a reason for retrial arises after the trial decision becomes final and conclusive, the period under
paragraph (3) shall be counted from the day following the date such reason arises.
(5) Paragraphs (1) and (3) shall not apply where a retrial is requested on the grounds that the retrial is in
conflict with the final and conclusive trial decision before the relevant trial decision.
 
Article 160 (Restrictions on Effect of Trademark Rights Reinstated through Retrial) In any of the
following cases, the trademark rights shall not effect the act of using a trademark identical to the relevant
registered trademark on goods identical to designated goods bearing the registered trademark in good faith
before the registration of the trademark rights reinstated after the relevant trial decision becomes final and
conclusive, or an act falling under any of the subparagraphs of Article 108 (1) or the subparagraphs of
paragraph (2) of the same Article:
1. Where the effect of trademark rights is reinstated through a retrial after the trademark registration or
registration to renew the duration of the trademark rights is invalidated; 
2. Where the effect of the trademark rights is reinstated through a retrial after the trademark registration is
revoked; 법제처                                                            70                                                       국가법령정보센
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3. Where after a trial decision that trademark rights do not belong to the scope of rights of the trademark
rights becomes final and conclusive, another trial decision contrary to the aforesaid trial decision becomes 
final and conclusive through a retrial. 
 
Article 161 (Application Mutatis Mutandis of Provisions of Trial Proceedings in Retrial) The
provisions concerning trial proceedings shall apply mutatis mutandis to retrial proceedings to the extent not
inconsistent with the nature thereof.
 
Article 162 (Lawsuits against Trial Decision) (1) A patent court shall have exclusive jurisdiction over
lawsuits for trial decisions and lawsuits for decisions to dismiss an amendment or decision to reject a written
request for a trial or written request for a retrial under Article 42 (1) applicable mutatis mutandis pursuant to
Article 123 (1) (including cases applicable mutatis mutandis in Article 161).
(2) A lawsuit under paragraph (1) may be brought by only the party, intervenors or those whose application
for intervention in a retrial is rejected even though they have filed such application.
(3) A lawsuit under paragraph (1) shall be brought within 30 days from the date the relevant person is served
with a certified copy of a trial decision or a decision.
(4) The period under paragraph (3) shall be fixed: Provided, That the presiding judge may determine an
additional period to the fixed period for those in the area with inconvenient traffic, such as islands and
remote rural areas, on his or her own authority, as prescribed by Ordinance of the Ministry of Trade, Industry
and Energy.
(5) No lawsuit concerning matters on which a trial may be requested shall be brought unless such matters
relate to a trial decision.
(6) No lawsuit under paragraph (1) for a trial decision or a decision on trial expenses under Article 152 (1)
shall be brought independently.
(7) With respect to a judgment made by a patent court under paragraph (1), a final appeal may be made to
the Supreme Court.
 
Article 163 (Standing to Be Sued) A lawsuit under Article 162 (1) shall be brought against the
Commissioner of the Korean Intellectual Property Office as defendant: Provided, That a lawsuit for a trial
decision at the trial or the retrial thereof under Articles 117 (1), 118 (1), 119 (1) and (2), 120 (1), 121, and 214
(1) shall be brought against the requester thereof or the requested person as defendant.
 
Article 164 (Notification of Lawsuits Filed and Sending of Authenticated Copy of Written
Judgment) (1) Where a lawsuit under Article 162 (1) is brought or a final appeal under paragraph (7) of the법제처                                                            71                                                       국가법령정보센
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same Article is made, the court shall notify the President of the Intellectual Property Trial and Appeal Board
of the purpose thereof without delay.
(2) Where legal proceedings are completed concerning a lawsuit under the proviso of Article 163, the court
shall send, without delay, an authenticated copy of the written judgment by the court at each level on the
case to the President of the Intellectual Property Trial and Appeal Board.
 
Article 165 (Revocation of Trial Decisions or Decisions) (1) Where the court deems a lawsuit brought
pursuant to Article 162 (1) well-grounded, it shall revoke the relevant trial decision or decision by judgment.
(2) Where the judgment on the revocation of a trial decision or a decision becomes final and conclusive
pursuant to paragraph (1), an examiner shall hold a hearing again to make a trial decision or a decision.
(3) Grounds which have formed the basis for the revocation through the judgment under paragraph (1) shall
bind the Intellectual Property Trial and Appeal Board to the outcome of case.
 
Article 166 (Patent Attorney’s Fees and Litigation Costs) @Article 109 of the Civil Procedure Act shall
apply to patent attorney's fees for legal services performed by a patent attorney. In such cases, "attorney at
law" shall be construed as "patent attorney".
 
            CHAPTER IX INTERNATIONAL APPLICATIONS UNDER PROTOCOL RELATING TO THE
MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
               SECTION 1 International Applications
 
Article 167 (International Applications) Any person who intends to obtain an international registration
(hereinafter referred to as "international registration") under Article 2 (1) of the Protocol Relating to the
Madrid Agreement concerning International Registration of Marks (hereinafter referred to as the "Madrid
Protocol") shall file an international application with the Commissioner of the Korean International Property
Office based on an application for trademark registration or trademark registration falling under any of the
following:
1. Application for his or her trademark registration;
2. His or her trademark registration;
3. Application for his or her trademark registration and his or her trademark registration.
 
Article 168 (Qualification of Persons Who File International Application) (1) A person eligible to
file an international application with the Commissioner of the Korean International Property Office shall fall
under any of the following:법제처                                                            72                                                       국가법령정보센
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1. A citizen of the Republic of Korea;
2. A person domiciled (in cases of a corporation, referring to the seat of its place of business) in the Republic
of Korea. 
(2) Where at least two persons intend to jointly file an international application, applicants shall satisfy all the
following requirements:
1. A person who intends to jointly file an international application shall fall under any of the subparagraphs
of paragraph (1); 
2. A person shall jointly file a basic application under Article 169 (2) 4 or jointly own the trademark rights
concerning the basic registration. 
 
Article 169 (International Application Procedures) (1) Any person who intends to file an international
application shall submit an international application (hereinafter referred to as "international application")
prepared in the language prescribed by Ordinance of the Ministry of Trade, Industry and Energy and
documents necessary to file an international application to the Commissioner of the Korean International
Property Office.
(2) The following shall be stated in each international application:
1. Name and address of the applicant (in cases of a corporation, referring to its name and the seat of its
place of business); 
2. Matters concerning qualification of an international applicant under Article 168;
3. Country where the trademark shall be protected (including an intergovernmental organization; hereinafter
referred to as "designated country"); 
4. Filing date of the basic application (hereinafter referred to as "basic application") and the application
number thereof under Article 2 (1) of the Madrid Protocol or the date of registration of a basic registration 
(hereinafter referred to as "basic registration") and the registration number thereof under Article 2 (1) of 
the Madrid Protocol; 
5. Trademark of which international registration an applicant intends to obtain;
6. Goods and the category of such goods of which international registration an applicant intends to obtain;
7. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 170 (Time Submission of Documents Including International Application Takes Effect)
An international application and documents necessary to file such application shall take effect from the date
they are delivered to the Commissioner of the Korean International Property Office. The same shall also apply
where they are submitted by mail.법제처                                                            73                                                       국가법령정보센
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Article 171 (Examination of Items Mentioned) (1) Where the items mentioned in an international
application are consistent with those in a basic application or basic registration, the Commissioner of the
Korean International Property Office shall note his or her intention to recognize the fact thereof and the date
such international application is delivered to the Korean International Property Office in the international
application.
(2) The Commissioner of the Korean International Property Office shall send an international application and
documents necessary to file an international application to the International Secretariat (hereinafter referred
to as the "International Secretariat") under Article 2 (1) of the Madrid Protocol and send a copy of such
international application to the relevant applicant immediately after he or she writes down the date of arrival,
etc. pursuant to paragraph (1).
 
Article 172 (Subsequent Designation) (1) Where a holder of an international registration (hereinafter
referred to as "holder of an international registration") intends to additionally designate a designated country
internationally registered (hereinafter referred to as "subsequent designation"), he or she may file an
application for subsequent designation with the Commissioner of the Korean International Property Office, as
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Where paragraph (1) is applied, the holder of an international registration may subsequently designate all
or some of the designated goods which are internationally registered.
 
Article 173 (Renewal of Duration of International Registration) (1) The holder of an international
registration may renew the duration of an international registration every 10 years.
(2) Any person who intends to renew the duration of an international registration pursuant to paragraph (1)
may file an application for renewal of the duration of the international registration with the Commissioner of
the Korean International Property Office, as prescribed by Ordinance of the Ministry of Trade, Industry and
Energy.
 
Article 174 (Change of Ownership of International Registration) (1) The holder of an international
registration or his or her successor may change the ownership of the international registration for all or some
of the designated goods or the designated countries.
(2) Any person who intends to change the ownership of the international registration pursuant to paragraph
(1) may file an application therefor with the Commissioner of the Korean International Property Office, as
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 법제처                                                            74                                                       국가법령정보센
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Article 175 (Payment of Fees) (1) Any of the following persons shall pay a fee to the Commissioner of the
Korean International Property Office:
1. A person who intends to file an international application;
2. A person who intends to apply for a subsequent designation;
3. A person who intends to apply for renewal of the duration of an international registration pursuant to
Article 173; 
4. A person who intends to apply for a change of ownership of an international registration pursuant to
Article 174. 
(2) Matters necessary for fees, the method and period for the payment thereof under paragraph (1) shall be
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 176 (Correction for Unpaid Fees) Where a person who falls under Article 175 (1) fails to pay a
fee, the Commissioner of the Korean International Property Office may order him or her to make a correction
within a fixed period, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 177 (Invalidation of Procedures) Where a person who is ordered to make a correction pursuant
to Article 176 fails to pay a fee within the designated period, the Commissioner of the Korean International
Property Office may invalidate the relevant procedures.
 
Article 178 (Registration of Change in Particulars of International Registration) Matters necessary
for applying for registration of a change in the particulars of an international registration and other
international applications shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 179 (Exclusion from Application to Business Emblem) None of the provisions of Articles 167
through 178 shall apply to a business emblem.
 
            SECTION 2 Special Cases concerning Application for International Trademark
Registration
 
Article 180 (Application for International Trademark Registration) (1) An international application
that has been registered internationally in accordance with the Madrid Protocol, which has designated the
Republic of Korea as a designated country (including subsequent designation), shall be deemed an
application for trademark registration under this Act.
(2) Where paragraph (1) is applied, the date of international registration (hereinafter referred to as "date of
international registration") under Article 3 (4) of the Madrid Protocol shall be deemed the filing date of an법제처                                                            75                                                       국가법령정보센
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application for trademark registration under this Act: Provided, That in cases of an international application
which has designated the Republic of Korea subsequently, the date such subsequent designation is
registered (hereinafter referred to as "date of subsequent designation") on the International Register
(referring to the International Register under Article 2 (1) of the Madrid Protocol; hereinafter referred to as
"International Trademark Register") shall be deemed the filing date of an application for trademark
registration under this Act.
(3) With respect to an international application deemed an application for trademark registration (hereinafter
referred to "application for international trademark registration") under this Act pursuant to paragraph (1),
the name, address (in cases of a corporation, referring to its name and the seat of its place of business),
trademark, designated goods and the category of such goods of the holder of an international registration
registered on the International Trademark Register shall be construed as the name, address (in cases of a
corporation, referring to its name and the seat of its place of business), trademark, designated goods and the
category of such goods of an applicant under this Act.
 
Article 181 (Special Cases of Business Emblem) None of the provisions concerning a business emblem
shall apply to an application for international trademark registration.
 
Article 182 (Special Cases of Application for International Trademark Registration) (1) Where this
Act applies to an application for international trademark registration, the purpose for claiming priority, the
name of the country where the first application is filed, and the filing date of the first application registered
on the International Trademark Register shall be construed as the purpose for claiming priority, the name of
a country where the first application is filed, and the filing date of the first application stated in an
application for trademark registration.
(2) Where this Act applies to an application for international trademark registration, the purpose of a
trademark registered on the International Trademark Register shall be construed as the purpose of the
relevant trademark mentioned in an application for trademark registration.
(3) Any person who intends to obtain collective mark registration shall submit documents and the articles of
incorporation under Article 36 (1) and (3) to the Commissioner of the Korean International Property Office,
and any person who intends to obtain certification mark registration shall submit documents under
paragraphs (1) and (4) of that Article to the Commissioner of the Korean Intellectual Property Office, within
the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy. In such cases, any person
who intends to obtain registration of a collective mark with geographical indication shall submit documents
stating the purpose thereof, along with documents prescribed by Presidential Decree which can verify that법제처                                                            76                                                       국가법령정보센
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such collective mark with geographical indication is consistent with the definition of the geographical
indication under Article 2 (1) 4.
 
Article 183 (Effect of Application for International Trademark Registration Where Domestically
Registered Trademark Exists) (1) Where a holder of a trademark registered with and the right thereto
established in the Republic of Korea (excluding a registered trademark following an application for
international trademark registration; hereinafter referred to as "domestically registered trademark") satisfies all
the following requirements when he or she files an application for international trademark registration, such
application for international trademark registration shall be deemed filed on the filing date of an application
for trademark registration relating to the relevant domestically registered trademark to the extent that
designated goods overlap:
1. The trademark registered on the International Trademark Register (hereafter in this paragraph, referred to
as "internationally registered trademark") following an application for international trademark registration 
shall be identical to the domestically registered trademark; 
2. The holder of an international registration concerning the internationally registered trademark shall be
identical to the holder of the domestically registered trademark; 
3. All designated goods bearing the domestically registered trademark shall be included in designated goods
bearing the internationally registered trademark; 
4. The effect of territory extension under Article 3-3 of the Madrid Protocol shall arise after the date of
trademark registration of the domestically registered trademark. 
(2) Where the priority right under the treaty is recognized on an application for trademark registration
concerning the domestically registered trademark under paragraph (1), the priority right is also recognized on
an application for international trademark registration under the same paragraph.
(3) Where the trademark right of the domestically registered trademark is revoked or extinguished on any of
the following grounds, the effect on the relevant application for international trademark registration under
paragraphs (1) and (2) shall not be recognized to the same extent as designated goods of the trademark
right revoked or extinguished:
1. Where a trial decision to the effect that the trademark registration is revoked on the grounds that the
trademark registration falls under the subparagraphs (excluding subparagraph 4) of Article 119 (1) becomes 
final and conclusive; 
2. Where a trial to revoke trademark registration is requested on the grounds that the trademark registration
falls under the subparagraphs (excluding subparagraph 4) of Article 119 (1), and trademark rights are 
extinguished due to the expiration of the duration, or some trademark rights or designated goods are 법제처                                                            77                                                       국가법령정보센
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relinquished after the date of such trial is requested. 
(4) Any person who intends to file an application under Article 4-2 (2) of the Madrid Protocol shall submit a
written application stating the following to the Commissioner of the Korean Intellectual Property Office:
1. Name and address of the holder of the international registration (in cases of a corporation, referring to its
name and the seat of its place of business); 
2. International registration number;
3. Related domestically registered trademark number;
4. Overlapping designated goods;
5. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) Where an application under paragraph (4) is filed, an examiner shall advise the applicant whether the
effect under paragraphs (1) through (3) is recognized on the relevant application for international trademark
registration.
 
Article 184 (Special Cases of Succession to Application and Transfer of Divisional Application)
(1) For the purposes of Article 48 (1) in relation to an application for international trademark registration,
"report on the modification of an applicant excluding inheritance or other general succession" shall be
construed as "report made by an applicant to the International Secretariat in order to change the ownership".
(2) Where all or some of the designated goods of an international registration are divided and transferred
following a change in the ownership of the international registration, an application for international
trademark registration shall be deemed filed by each changed holder of the international registration.
(3) Article 48 (3) shall not apply to an application for international trademark registration.
 
Article 185 (Special Cases of Modification) (1) For the purposes of Article 40 (1), with the exception of
the subparagraphs, in relation to an application for international trademark registration, "items mentioned in
a written application for trademark registration, designated goods and trademark concerning an application
for trademark registration" shall be construed as "designated goods concerning such application for
trademark registration limited to where an applicant is notified of grounds for rejection under Article 55 (1)".
(2) Article 40 (2) 4 shall not apply to an application for international trademark registration.
(3) For the purposes of Article 40 (3) in relation to an application for international trademark registration,
"amendment under paragraph (1) falls outside paragraph (2)" shall be construed as "amendment of
designated goods falls outside paragraph (2) (excluding subparagraph 4 of the same paragraph)"; and for the
purposes of Article 41 (3) in relation to an application for international trademark registration, "amendment
under paragraph (1) falls outside Article 40 (2)" shall be construed as "amendment of designated goods falls법제처                                                            78                                                       국가법령정보센
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outside Article 40 (2) (excluding subparagraph 4 of the same paragraph)".
(4) For the purposes of Article 41 (1) in relation to an application for international trademark registration,
"designated goods and the trademark" shall be construed as "designated goods".
 
Article 186 (Special Cases of Modification of Application) None of the provisions of Article 44 (1)
through (4) shall apply to an application for international trademark registration.
 
Article 187 (Special Cases of Division of Application) @Article 45 shall not apply to an application for
international trademark registration.
 
Article 188 (Special Cases of Priority Claim under Paris Convention) @Article 46 (4) and (5) shall
not apply where any person who intends to file an application for international trademark registration claims
priority under the Paris Convention.
 
Article 189 (Special Cases When Filing Application and of Preferential Examination) (1) For the
purposes of Article 47 (2) in relation to an application for international trademark registration, "submit a
written application for trademark registration stating the purpose thereof to the Commissioner of the Korean
Intellectual Property Office, and documents that may prove such goods within 30 days from the filing date of
an application for trademark registration" shall be construed as "documents stating the purpose thereof and
documents that can prove such goods within the period prescribed by Ordinance of the Ministry of Trade,
Industry and Energy".
(2) Article 53 (2) shall not apply to an application for international trademark registration.
 
Article 190 (Special Cases of Notification of Grounds for Rejection) (1) For the purposes of the
former part of Article 55 (1) in relation to an application for international trademark registration, "notify an
applicant" shall be construed as "notify an applicant through the International Secretariat".
(2) Article 55 (3) shall not apply to an application for international trademark registration.
 
Article 191 (Special Cases of Publication of Application) For the purposes of the main clause, with the
exception of the subparagraphs, of Article 57 (1) in relation to an application for international trademark
registration, "where grounds for rejection cannot be discovered" shall be construed as "where grounds for
rejection cannot be discovered within the period prescribed by Ordinance of the Ministry of Trade, Industry
and Energy".
 
Article 192 (Special Cases of Right to Claim Damages) For the purposes of the proviso of Article 58
(1) in relation to an application for international trademark registration, "copy of the relevant application for법제처                                                            79                                                       국가법령정보센
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trademark registration" shall be construed as "copy of the relevant international application".
 
Article 193 (Special Cases of Decision to Register Trademark and Ex Officio Modification) (1)
For the purposes of Article 68 in relation to an application for international trademark registration, "where no
grounds for rejection can be discovered" shall be construed as "where no grounds for rejection can be
discovered within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy".
(2) Article 59 shall not apply to an application for international trademark registration.
 
Article 194 (Special Cases of Trademark Registration Fees) (1) Any person who intends to file an
application for international trademark rights or who intends to renew the duration of trademark rights
established and registered (hereinafter referred to as "internationally registered basic trademark rights")
pursuant to Article 197 shall pay an individual fee under Article 8 (7) (a) of the Madrid Protocol to the
International Secretariat.
(2) Matters necessary for individual fees under paragraph (1) shall be prescribed by Ordinance of the Ministry
of Trade, Industry and Energy.
(3) None of the provisions of Articles 72 through 77 shall apply to an application for international trademark
registration or internationally registered basic trademark rights.
 
Article 195 (Special Cases of Refund of Trademark Registration Fees) For the purposes of Article
79 (1), with the exception of the subparagraphs, in relation to an application for international trademark
registration, "trademark registration fee and fee paid" shall be construed as "fee already paid," "trademark
registration fee and fee" shall be construed as "fee," and where Article 79 (1) 1 and Article 79 (2) and (3) are
applied to an application for international trademark registration, "trademark registration fee and fee" shall
be construed as "fee," respectively.
 
Article 196 (Special Cases of Registration on Trademark Register) (1) Where Article 80 (1) 1 is
applied to internationally registered basic trademark rights, "establishment, transfer, change, extinguishment,
recovery, renewal of the duration of trademark rights, conversion of the classification of goods, addition of or
restrictions on disposition of designated goods" shall be construed as "establishment of and restrictions on
disposition of trademark rights".
(2) The transfer, change, extinguishment, or renewal of the duration of internationally registered basic
trademark rights shall be performed as registered on the International Trademark Register.
 
Article 197 (Special Cases of Registration and Establishment of Trademark Rights) For the
purposes of Article 82 (2), with the exception of the subparagraphs, in relation to an application for법제처                                                            80                                                       국가법령정보센
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international trademark registration, "any of the following cases" shall be construed as "cases where
trademark registration is determined".
 
Article 198 (Special Cases of Duration of Trademark Rights) (1) The duration of internationally
registered basic trademark rights shall remain in force until the date 10 years elapse after the date of
international registration from the date trademark rights under Article 197 are registered and established.
(2) The duration of internationally registered basic trademark rights may be renewed every 10 years through
the renewal of the duration of the international registration.
(3) Where the duration of internationally registered basic trademark rights is renewed pursuant to paragraph
(2), the duration of such internationally registered basic trademark rights shall be deemed renewed at the
time of the expiration of the duration thereof.
(4) None of the provisions of Articles 83 through 85, 88 (1) and 209 through 213 shall apply to internationally
registered basic trademark rights.
 
Article 199 (Special Cases of Application for Registration of Additional Designated Goods) The
provisions of Articles 86, 87, and 88 (2) shall not apply to an application for international trademark
registration or internationally registered basic trademark rights.
 
Article 200 (Special Cases of Division of Trademark Rights) The provisions of Article 94 shall not
apply to internationally registered basic trademark rights.
 
Article 201 (Special Cases of Effect of Registration of Trademark Rights) (1) No extinguishment of
internationally registered basic trademark rights following the transfer, change or abandonment thereof or
the renewal of the duration thereof shall take effect unless such extinguishment or renewal is registered on
the International Trademark Register.
(2) None of the provisions of Article 96 (1) 1 (excluding the part concerning restrictions on disposition) shall
apply to internationally registered basic trademark rights.
(3) Where Article 96 (2) is applied to internationally registered basic trademark rights, "trademark rights and a
pledge" shall be construed as "pledge".
 
Article 202 (Effect of Extinguishment of International Registration) (1) Where all or some of the
international registration forming the basis of an application for international trademark registration are
extinguished, the relevant application for international trademark registration on all or some of the
designated goods shall be deemed withdrawn to the extent of the extinguishment thereof.법제처                                                            81                                                       국가법령정보센
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(2) Where all or some of the international registration forming the basis of internationally registered basic
trademark rights are extinguished, the relevant trademark rights to all or some of the designated goods shall
be deemed extinguished to the extent of the extinguishment thereof.
(3) The effect of withdrawal or extinguishment under paragraphs (1) and (2) shall occur from the date the
relevant international registration is extinguished.
 
Article 203 (Special Cases of Relinquishment of Trademark Rights) (1) The provisions of Article 102
(1) shall not apply to internationally registered basic trademark rights.
(2) Where Article 103 applies to internationally registered basic trademark rights, "trademark rights or
exclusive license" shall be construed as "exclusive license".
 
Article 204 (Special Cases of Trial to Invalidate Registration to Renew Duration) The provisions of
Article 118 or 214 shall not apply to internationally registered basic trademark rights.
 
            SECTION 3 Special Cases of Applications for Trademark Registrations
 
Article 205 (Special Cases of Applications for Trademark Registrations after Lapse of
International Registration) (1) Where an international registration of a trademark, which is eligible for
international registration through which the Republic of Korea has been designated as a designated country
(including subsequent designation), on all or some of the designated goods lapses pursuant to Article 6 (4)
of the Madrid Protocol, the holder of the international registration may file an application for trademark
registration on all or some of such goods with the Commissioner of the Korean Intellectual Property Office.
(2) Where an application for trademark registration under paragraph (1) satisfies all the following
requirements, such application shall be deemed filed on the date of international registration (in cases of a
subsequent designation, referring to the date of the subsequent designation):
1. An application for trademark registration under paragraph (1) shall be filed within three months from the
expiration date of the international registration under the same paragraph; 
2. All designated goods in an application for trademark registration under paragraph (1) shall be included in
designated goods in international registration; 
3. A trademark filed to obtain trademark registration shall be identical to another trademark eligible for the
international registration which has lapsed. 
(3) Where the priority under the treaty is recognized on an application for international trademark
registration concerning international registration under paragraph (1), the priority shall be recognized on an
application for trademark registration under the same paragraph.법제처                                                            82                                                       국가법령정보센
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Article 206 (Special Cases of Application for Trademark Registrations after Abrogation of
Madrid Protocol) (1) Where the holder of an international registration through which the Republic of
Korea has been designated as a designated country (including subsequent designation) is disqualified as an
applicant pursuant to Article 15 (5) (b) of the Madrid Protocol, the holder of the relevant international
registration may file an application for trademark registration on all or some of the internationally registered
designated goods with the Commissioner of the Intellectual Property Office.
(2) Article 205 (2) and (3) shall apply mutatis mutandis to an application for trademark registration under
paragraph (1). In such cases, "within three months from the expiration date of the international registration
under the same paragraph" in Article 205 (2) 1 shall be construed as "within two years from the date the
effect of abrogation occurs pursuant to Article 15 (3) of the Madrid Protocol".
 
Article 207 (Special Cases of Examination) Where any of the following applications for trademark
registration (hereinafter referred to as "reapplication") is related to the registered trademark established and
registered pursuant to Article 197, the provisions of Articles 54, 55, 57, and 60 through 67 shall not apply to
an application for trademark registration filed by the relevant principal: Provided, That the foregoing shall not
apply where such application falls under subparagraph 2 of Article 54:
1. An application for trademark registration filed pursuant to Article 205 (1) because it satisfies all the
requirements under the subparagraphs of Article 205 (2); 
2. An application for trademark registration filed pursuant to Article 206 (1) because it satisfies all the
requirements under the subparagraphs of Article 205 (2) applied mutatis mutandis pursuant to Article 206 
(2). 
 
Article 208 (Special Cases of Period of Exclusion) Where the relevant trademark is established and
registered through reapplication therefor, in which case the period of exclusion under Article 122 (1) relating
to the previous internationally registered basic trademark rights has elapsed, no trial to invalidate the
trademark established and registered following the reapplication shall be requested.
 
            CHAPTER X REGISTRATION OF CONVERSION OF CLASSIFICATION OF GOODS
 
Article 209 (Application for Registration of Conversion of Classification of Goods) (1) A
trademark right holder who has obtained establishment and registration of trademark rights, registration of
additional designated goods or registration to renew the duration by designating goods in accordance with
the classification of the category of goods prescribed by Ordinance of the Ministry of Commerce and
Industry under Article 10 (1) of the previous Act (referring to the Trademark Act before being amended by법제처                                                            83                                                       국가법령정보센
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Act No. 5355) shall obtain registration after converting the relevant designated goods in accordance with the
classification of the category of goods: Provided, That the foregoing shall not apply to a person who obtains
registration to renew the duration by designating goods in accordance with the classification of the category
of goods prescribed by Ordinance of the Ministry of Commerce and Industry under Article 10 (1) of the
Trademark Act (Act No. 5355).
(2) Any person who intends to obtain registration of the conversion of the classification of goods under
paragraph (1) shall submit an application for registration of conversion of the classification of goods stating
the following:
1. Name and address of the applicant (in cases of a corporation, referring to its name and the seat of its
place of business); 
2. Where there is an agent for the applicant, the name and address of his or her agent or the seat of his or
her agent's place of business (where an agent is a patent corporation or patent corporation (limited liability 
company), referring to its name, the seat of its office and the name of a designated patent attorney); 
3. Registration number of the registered trademark;
4. Designated goods intended to be registered after conversion and the category of such goods.
(3) An application for registration of the conversion of the classification of goods shall be filed from one year
before the duration of trademark rights expires for a period not exceeding six months after the duration of
trademark rights expires.
(4) Where trademark rights are jointly owned, all joint owners shall jointly file an application for registration
of the conversion of the classification of goods.
 
Article 210 (Decision to Reject Registration of Conversion of Classification of Goods and
Notification of Grounds for Rejection) (1) Where an application for registration of the conversion of
the classification of goods falls under any of the following, an examiner shall decide to reject registration of
the conversion of the classification of goods against such application:
1. Where non-designated goods of the relevant registered trademark are designated as designated goods in
the application for registration of the conversion of the classification of goods, or the scope of designated 
goods is substantially extended; 
2. Where goods in the application for registration of the conversion of the classification of goods are
inconsistent with the classification of the category of goods; 
3. Where an applicant for registration of the conversion of the classification of goods is not the holder of the
relevant registered trademark; 법제처                                                            84                                                       국가법령정보센
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4. Where the application fails to satisfy requirements for an application for registration of conversion of the
classification of goods under Article 209; 
5. Where trademark rights are extinguished, an application to register the renewal of the duration is
abandoned or withdrawn, or invalidated. 
(2) Where an examiner intends to make a decision to reject registration of the conversion of the classification
of goods pursuant to paragraph (1), he or she shall notify an applicant of grounds for rejection. In such
cases, the applicant may submit his or her opinion regarding grounds for rejection within the period
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) An applicant who fails to submit his or her opinion within a period under the latter part of paragraph (2)
may file an application for continuance of procedures concerning registration of the conversion of the
classification of goods within two months after such period expires, and may submit his or her opinion on
grounds for rejection within the period.
 
Article 211 (Registration of Conversion of Classification of Goods) Where a decision to register a
trademark under Article 68 applied mutatis mutandis pursuant to Article 212 is made, the Commissioner of
the Korean Intellectual Property Office shall register the conversion of the classification of designated goods.
 
Article 212 (Application Mutatis Mutandis to Application for Registration of Conversion of
Classification of Goods) The provisions of Articles 38 (1), 39, 40, 41 (3), 42, 50, 68 through 70, and
subparagraphs 1 through 5 and 7 of Article 134 shall apply mutatis mutandis to an application for
registration of the conversion of the classification of goods.
 
Article 213 (Extinguishment of Trademark Rights Where Application for Registration of
Conversion of Classification of Goods Is Not Filed) (1) In any of the following cases, trademark
rights to designated goods eligible for registration of the conversion of the classification of goods shall be
extinguished on the day following the expiration date of the duration to which the expiration date of the
period for filing an application for registration of the conversion of the classification of goods under Article
209 (3):
1. Where a person who shall obtain registration of the conversion of the classification of goods fails to file an
application for registration of the conversion of the classification of goods within the period under Article 
209 (3); 
2. Where an application for registration of the conversion of the classification of goods is withdrawn;
3. Where procedures concerning the conversion of the classification of goods are invalidated pursuant to
Article 18 (1); 법제처                                                            85                                                       국가법령정보센
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4. Where a decision to reject registration of the conversion of the classification of goods becomes final and
conclusive; 
5. Where the trial decision to the effect that registration of the conversion of the classification of goods is
invalidated becomes final and conclusive pursuant to Article 214. 
(2) Trademark rights to designated goods not mentioned in an application for registration of the conversion
of the classification of goods under 209 (2), which are eligible for registration of the conversion of the
classification of goods, shall be extinguished on the date the conversion of designated goods mentioned in
an application for registration of the conversion of the classification of goods is registered pursuant to Article
211: Provided, That where registration of the conversion of the classification of goods is obtained before the
expiration date of the duration of trademark rights, trademark rights shall be extinguished on the day
following the expiration date of the duration of trademark rights.
 
Article 214 (Trial to Invalidate Registration of Conversion of Classification of Goods) (1) Where
registration of the conversion of the classification of goods falls under any of the following, an interested
party or an examiner may request a trial to invalidate registration thereof. In such cases, where at least two
designated goods relating to registration of the conversion of the classification of goods exist, a trial may be
requested for each of the designated goods:
1. Where non-designated goods bearing the relevant trademark are registered for the conversion of the
classification of goods, or the scope of designated goods has been substantially extended; 
2. Where registration of the conversion of the classification of goods is obtained through an application filed
by a person who is not the holder of the relevant registered trademark; 
3. Where registration of the conversion of the classification of goods violates Article 209 (3).
(2) Articles 117 (2) and (5) shall apply mutatis mutandis to a trial to invalidate registration of the conversion
of the classification of goods.
(3) Where the trial decision to the effect that registration of the conversion of the classification of goods is
invalidated becomes final and conclusive, the relevant registration of the conversion of the classification of
goods shall be deemed never to have existed.
 
            CHAPTER XI SUPPLEMENTARY PROVISIONS
 
Article 215 (Perusal of Documents) Any person who desires to obtain certification concerning an
application for trademark registration and the trial, a certified copy or an abstract of documents, to peruse or
reproduce the Trademark Register and documents may file an application for permission for perusal, etc. of법제처                                                            86                                                       국가법령정보센
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documents with the Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual Property Trial and Appeal Board.
 
Article 216 (Prohibition of Taking out and Disclosure of Documents Relating to Application
for Trademark Registration, Examination, or Trial) (1) Any documents relating to an application for
trademark registration, examination, formal objection, trial or retrial, or the Trademark Register shall not be
removed except in any of the following cases: <Amended on Jan. 8, 2019>
1. Where documents relating to an application for trademark registration, application for registration of a
collective mark with geographical indication, examination or formal objection are taken out for trademark 
search, etc. under Article 51 (1) and (3) through (5); 
2. Where documents relating to an application for trademark registration, examination, formal objection, trial
or retrial, or the Trademark Register are removed to entrust the digitization of trademark documents under 
Article 217 (2); 
3. Where documents relating to an application for trademark registration, examination, formal objection, trial,
or retrial, or the Trademark Register are removed for online telecommuting under Article 32 (3) of the 
Electronic Government Act. 
(2) No expert opinion shall be provided, no testimony shall be borne or no answers shall be provided to any
question concerning the details of an application for trademark registration, examination, formal objection, a
case pending due to a trial or retrial, or decision on whether to grant trademark registration, or the details of
the trial decision or decision.
 
Article 217 (Digitization of Trademark Documents by Agency) (1) The Commissioner of the Korean
Intellectual Property Office may conduct affairs concerning the digitization of documents concerning
applications for trademark registration, examinations, trials or retrials or the Trademark register, or affairs
similar thereto (hereinafter referred to as "digitization of trademark documents") by utilizing the electronic
data processing system and using technology in the electronic data processing system in order to efficiently
perform trademark-related procedures.
(2) The Commissioner of the Korean Intellectual Property Office may entrust the digitization of trademark
documents to a corporation equipped with facilities and human resources prescribed by Ordinance of the
Ministry of Trade, Industry and Energy.
(3) A current or former executive officer or employee of a person entrusted with the digitization of trademark
documents under paragraph (2) (hereinafter referred to as “agency for digitizing trademark documents”) shall
not divulge or pirate confidential information he or she has become aware of regarding trademark the법제처                                                            87                                                       국가법령정보센
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registration of which is pending in the course of performing his or her duties. <Newly Inserted on Apr. 17,
2018>
(4) The Commissioner of the Korean Intellectual Property Office may digitize applications for trademark
registrations and other documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy,
which have not been submitted in electronic form under Article 30 (1), pursuant to paragraph (1), and store
such applications and documents in the file of the Korean Intellectual Property Office or the Intellectual
Property Trial and Appeal Board.
(5) Content stored in the file pursuant to paragraph (4) shall be deemed the same content as that stated in
the relevant documents. <Amended on Apr. 17, 2018>
(6) Methods of digitization of trademark documents and other matters necessary for the digitization of
trademark documents shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
<Amended on Apr. 17, 2018>
(7) Where an agency for digitizing trademark documents fails to comply with standards for facilities and
human resources prescribed by Ordinance of the Ministry of Trade, Industry and Energy, as prescribed in
paragraph (2) or an executive officer or employee of such agency divulges or pirates confidential information
he or she has become aware of regarding trademark the registration of which is pending, the Commissioner
of the Korean Intellectual Property Office may order such agency for digitizing trademark documents to make
corrections; and where the agency for digitizing trademark documents fails to comply with his or her order to
make corrections, he or she may revoke the entrustment of the digitization of trademark documents. In such
cases, the Commissioner of the Korean Intellectual Property Officer shall provide any party subject to
revocation with an opportunity to state its or his or her opinion in advance. <Amended on Apr. 17, 2018>
 
Article 218 (Service of Documents) Matters necessary for procedures for the service of documents, etc.
prescribed in this Act shall be prescribed by Presidential Decree.
 
Article 219 (Service by Publication) (1) Where it is impossible to serve documents because the address or
the place of business of a person on whom documents shall be served is unclear, service by publication shall
be effected in lieu thereof.
(2) Service by publication shall be effected by publishing the intention of delivering documents to a person
on whom documents shall be served at any time in the Trademark Official Gazette.
(3) The first service by publication shall take effect after two weeks elapse from the date the intention of
delivery at any time is published in the Trademark Official Gazette: Provided, That service by publication to
the same relevant person after this shall take effect from the day following the date on which the intention법제처                                                            88                                                       국가법령정보센
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of delivery at any time is published in the Trademark Official Gazette.
 
Article 220 (Service on Non-Residents) (1) Where a non-resident has a trademark manager, any
document to be served on such non-resident shall be served on his or her trademark manager: Provided,
That the foregoing shall not apply where an examiner notifies an applicant for international trademark
registration of grounds for rejection via the International Secretariat pursuant to Article 190.
(2) Where a non-resident does not have a trademark manager, any document to be served on such non-
resident may be sent by registered airmail.
(3) Where a document is sent by registered airmail pursuant to paragraph (2), such document shall be
deemed served on the date the document is sent.
 
Article 221 (Trademark Official Gazette) (1) The Commissioner of the Korean Intellectual Property Office
shall publish the Trademark Official Gazette.
(2) The Trademark Official Gazette may be published through electronic media, as prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
(3) Where the Commissioner of the Korean Intellectual Property Office publishes the Trademark Official
Gazette through electronic media, he or she shall announce the publication of the Trademark Official Gazette,
important contents and matters concerning service by publication using the information and communications
network.
(4) Matters to be published in the Trademark Official Gazette shall be prescribed by Presidential Decree.
 
Article 222 (Indication of Registered Trademark) Where a trademark right holder, an exclusive licensee,
or a non-exclusive licensee uses a registered trademark, he or she may indicate that the relevant trademark is
the registered trademark.
 
Article 223 (Indication of Registered Collective Mark with Homonymous Geographical
Indication) Where at least two registered collective marks with geographical indication correspond to a
mutually homonymous geographical indication, each collective mark right holder and its members shall use a
mark that prevents consumers from being confused about the geographical source along with its registered
collective mark.
 
Article 224 (Prohibition of False Display) (1) No person shall engage in any of the following conduct:
1. Displaying an unregistered trademark or a trademark no application for registration of which has been
filed on goods, as if such trademark is a registered trademark or a trademark of which application for 
registration has been filed; 법제처                                                            89                                                       국가법령정보센
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2. Displaying an unregistered trademark or a trademark no application for registration of which has not been
filed on advertisements for business, signboards, labels, packages of goods or other business transaction 
documents as if such trademark is a registered trademark or a trademark of which application for 
registration has been filed; 
3. Where a registered trademark is used on goods other than designated goods, displaying the trademark
registration or a mark likely to be confused therewith on such trademark. 
(2) Displaying a trademark under paragraph (1) 1 and 2 shall include the making of goods, packages of
goods, advertisements, signboards, or labels in the shape of a mark.
 
Article 225 (Special Rules on Trademarks Similar to Registered Trademark) (1) "Registered
trademark" under Articles 89, 92, 95 (3), 97 (2), 104, 110 (4), 119 (1) 3 and (3), 160, 222 and 224 shall be
deemed to include a trademark similar to such registered trademark, in which case if the same color as that
of the registered trademark is applied to such trademark, the trademark is recognized as identical to the
registered trademark.
(2) "Trademark similar to the registered trademark" under Articles 108 (1) 1 and 119 (1) 1 shall not be
deemed to include a trademark similar to such registered trademark, in which case if the same color as that
of the registered trademark is applied to such trademark, the trademark is recognized as identical to the
registered trademark.
(3) "Trademark similar to the registered collective mark with geographical indication" under Article 108 (2) 1
shall not be deemed to include a trademark similar to such registered collective mark, in which case if the
same color as that of the registered collective mark is applied to such trademark, the trademark is recognized
as identical to the registered collective mark.
(4) None of the provisions of paragraphs (1) through (3) shall apply to a registered trademark which consists
of colors or a combination of colors only.
 
Article 226 (Restrictions on Appeals) (1) No person shall appeal under any other statute against a
decision to reject a modification, decision on whether to grant trademark registration, trial decision, decision
to reject a request for a trial or request for a retrial, and appeal under other statutes against the disposition
to which no appeal shall be filed pursuant to this Act.
(2) The Administrative Appeals Act or the Administrative Litigation Act shall apply to an appeal against a
disposition other than the disposition under paragraph (1).
 
Article 227 (Orders to Maintain Confidentiality) (1) Where one party has explained all the following
grounds about trade secrets (referring to trade secrets under subparagraph 2 of Article 2 of the Unfair법제처                                                            90                                                       국가법령정보센
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Competition Prevention and Trade Secret Protection Act) it possesses in a lawsuit concerning infringement on
trademark rights or exclusive license, the court may, at the request of one party, order the other party (in
cases of a corporation, referring to its representative), a person who brings a lawsuit on behalf of one party,
or other persons who have learned such trade secrets due to such lawsuit not to use the trade secrets for
any purpose other than carrying on the lawsuit, or not to disclose the trade secrets to any person other than
those who have received an order under this paragraph related to the trade secrets by decision: Provided,
That the foregoing shall not apply where the other party (in cases of a corporation, referring to its
representative), a person who brings a lawsuit on behalf of one party, or other persons who have learned
trade secrets due to such lawsuit have already acquired such trade secrets through a method other than the
perusal of prepared documents under subparagraph 1 for the taking of evidence:
1. Trade secrets are included in prepared documents already submitted or to be submitted, or evidence
already taken or to be taken; 
2. Because the use of trade secrets under subparagraph 1 for purposes other than carrying on the relevant
lawsuit or the disclosure thereof is likely to interfere with one party's business, it is necessary to restrict the 
use or disclosure of such trade secrets. 
(2) A request for an order under paragraph (1) (hereinafter referred to as "order to maintain confidentiality")
shall be made in writing stating the following:
1. Those who are to receive an order to maintain confidentiality;
2. Facts enough to specify trade secrets subject to an order to maintain confidentiality;
3. Facts constituting grounds under the subparagraphs of paragraph (1).
(3) Where the court decides to issue an order to maintain confidentiality, it shall serve a written decision on
those who have received an order to maintain confidentiality.
(4) An order to maintain confidentiality shall take effect from the time when a written decision under
paragraph (3) is served on those who have received an order to maintain confidentiality.
(5) One party may immediately appeal a decision to dismiss or reject a request for issuing an order to
maintain confidentiality.
 
Article 228 (Revocation of Orders to Maintain Confidentiality) (1) Where a person who has made a
request for issuing an order to maintain confidentiality or a person who has received an order to maintain
confidentiality does not or fails to satisfy requirements under Article 227 (1), he or she may request the court
which keeps the lawsuit records (where there is no court which keeps the lawsuit records, referring to the
court which has issued an order to maintain confidentiality) to revoke an order to maintain confidentiality.법제처                                                            91                                                       국가법령정보센
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(2) Where a decision on a request for revocation of an order to maintain confidentiality is made, the court
shall serve the written decision on a person who has made the request and the other party.
(3) Either party may immediately appeal a decision on the request for the revocation of an order to maintain
confidentiality.
(4) A decision to revoke an order to maintain confidentiality shall take effect when such decision becomes
final and conclusive.
(5) The court which has made a decision to revoke an order to maintain confidentiality shall immediately
notify a person who has made a request for the revocation of an order to maintain confidentiality or a
person who has received an order to keep the relevant trade secrets confidential other than the other party,
if any, of the fact that it has made a decision to revoke an order to maintain confidentiality.
 
Article 229 (Notification of Request for Perusal of Lawsuit Records) (1) Where there is a decision to
restrict the perusal, etc. under Article 163 (1) of the Civil Procedure Act of the lawsuit records concerning a
lawsuit in which an order to maintain confidentiality has been issued (excluding a lawsuit in which all orders
to maintain confidentiality have been revoked), in which case any person who has not been ordered to
maintain confidentiality in such lawsuit follows procedures for requesting the perusal, etc. of the part
containing trade secrets for the other party who may peruse such trade secrets, a clerical officer of Grade IV,
clerical officer of Grade V, clerical officer of Grade VI, or clerical officer of Grade VII of the court (hereafter in
this Article, referred to as "clerical officer of Grade V, etc. of the court") shall notify one party (excluding a
person who has made a request for the perusal thereof, etc.; hereafter in paragraph (3), the same shall apply)
who requested the restrictions on the perusal, etc. pursuant to Article 163 (1) of the Civil Procedure Act of
the fact that a request for perusal thereof, etc. has been made immediately after the clerical officer of Grade
V, etc. of the court received such request.
(2) In cases falling under paragraph (1), a clerical officer of Grade V, etc. of the court shall not allow a person
who follows procedures for requesting the perusal, etc. to peruse the part containing trade secrets under
paragraph (1) until two weeks elapse from the date a request under the same paragraph is made. In such
cases, where a request for issuing an order to maintain confidentiality to a person who follows procedures
for requesting the perusal, etc. is made within that period, the clerical officer of Grade V, etc. of the court
shall not allow the person who follows procedures for requesting the perusal, etc. to peruse the part
containing the trade secrets under paragraph (1) until the time when a decision on such request becomes
final and conclusive.
(3) Paragraph (2) shall not apply where all of the relevant persons who have made a request for restricting
the perusal, etc. pursuant to 163 (1) of the Civil Procedure Act give consent to allow a person who has made법제처                                                            92                                                       국가법령정보센
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a request for the perusal, etc. pursuant to paragraph (1) to peruse the part containing trade secrets under
paragraph (1).
 
            CHAPTER XII PENALTY PROVISIONS
 
Article 230 (Crime of Infringement) Any person who infringes trademark rights or an exclusive license
shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100
million won.
 
Article 231 (Breach of Orders to Maintain Confidentiality) (1) Any person who breaches an order to
maintain confidentiality in the Republic of Korea or in a foreign country without good cause shall be
punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) With respect to a crime under paragraph (1), no case may be prosecuted without a criminal complaint
filed by the person who has requested to issue the order to maintain confidentiality.
 
Article 232 (Crime of Perjury) (1) Where a witness, expert witness, or interpreter who has made an oath
pursuant to this Act makes any false statement, provides any false expert opinion, or gives any false
interpretation before the Intellectual Property Trial and Appeal Board, he or she shall be punished by
imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended
on Mar. 21, 2017>
(2) Where a person who committed a crime under paragraph (1) confesses himself or herself before a
decision to grant or reject trademark registration or a trial decision of the case becomes final and conclusive,
the penalty may be reduced or exempted.
 
Article 233 (Crime of False Indication) Any person who violates Article 224 shall be punished by
imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won.
<Amended on Mar. 21, 2017>
 
Article 234 (Crime of Fraud) Any person who obtains trademark registration, registration of additional
designated goods, registration to renew the duration of trademark rights, registration of the conversion of
the classification of goods, or trial decision by fraud or other improper means shall be punished by
imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
<Amended on Mar. 21, 2017>
 법제처                                                            93                                                       국가법령정보센
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Article 235 (Joint Penalty Provisions) If the representative of a corporation, or an agent, employee or any
other worker of a corporation or individual commits an offense under Article 230, 233 or 234 with respect to
affairs of such corporation or individual, not only shall the offender be punished, but the corporation also
shall be punished by the following fines and the individual shall be punished by a fine under the relevant
provisions: Provided, That the foregoing shall not apply where the corporation or individual has not
neglected to pay due attention to and exercise reasonable supervision over the relevant affairs to prevent
such offense:
1. Where he or she violates Article 230: A fine not exceeding 300 million won;
2. Where he or she violates Article 233 or 234: A fine not exceeding 60 million won.
 
Article 236 (Confiscation) (1) A trademark, mark, or goods (hereafter in this paragraph, referred to as
"infringed goods") provided to infringe trademark rights or an exclusive license under Article 230 or
generated from such infringement, and manufacturing tools or materials provided to be mainly used for
manufacturing such infringed goods shall be confiscated.
(2) Notwithstanding paragraph (1), where goods can be easily separated from a trademark or packing
without impairing the function or appearance thereof, such goods may not be confiscated.
 
Article 237 (Administrative Fines) (1) Any of the following persons shall be subject to an administrative
fine not exceeding 500,000 won:
1. A person who has made an oath pursuant to Article 299 (2) or 367 of the Civil Procedure Act applied
mutatis mutandis pursuant to Article 141 (7) but makes a false statement before the Intellectual Property 
Trial and Appeal Board; 
2. A person who has been ordered to produce or present documents or other things with respect to the
taking of evidence or the preservation of evidence by the Intellectual Property Trial and Appeal Board but 
fails to comply with the order without justifiable grounds; 
3. A person who has been summoned to appear as a witness, expert witness, or interpreter by the Intellectual
Property Trial and Appeal Board but fails to comply with such summons to appear without justifiable 
grounds or refuses to make an oath, make a statement, bear testimony, provide an expert opinion, or 
interpret, as otherwise requested. 
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Commissioner of the
Korean Intellectual Property Office, as prescribed by Presidential Decree.