ENFORCEMENT DECREE OF THE TRADEMARK ACT  
 
 
Wholly Amended by Presidential Decree No. 13081, Aug. 28, 1990  
Amended by Presidential Decree No. 13747, Oct. 27, 1992  
Presidential Decree No. 13870, Mar. 6, 1993  
Presidential Decree No. 15578, Dec. 31, 1997  
Presidential Decree No. 17249, Jun. 27, 2001  
Presidential Decree No. 18312, Mar. 17, 2004  
Presidential Decree No. 18901, Jun. 30, 2005  
Presidential Decree No. 20125, Jun. 28, 2007  
Presidential Decree No. 20729, Feb. 29, 2008  
Presidential Decree No. 21582, Jun. 30, 20 09 
Presidential Decree No. 22112, Apr. 7, 2010  
Presidential Decree No. 23343, Dec. 2, 2011  
Presidential Decree No. 23488, Jan. 6, 2012  
 
Article 1 (Purpose)  
The purpose of this Decree is to provide matters delegated by the Trademark Act and other matters to 
implement such delegated matters. <Amended by Presidential Decree No. 18901, Jun. 30, 2005>  
[This Article Newly Inserted by Presidential Decree No. 17249, Jun. 27, 2001]  
Article 1-2 (Matters to be Included in Articles of Association concerning Use of Collective Marks)  
(1) For the purpose of the former part of Article 9 (4) of the Trademark Act (hereinafter referred to as the "Act"), 
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Page 3"matters concerning the use of the collective mark as prescribed by Presidential Decree" means the 
following matters: <Amended by Presidential Decree No. 23343, Dec. 2, 2011>  
1. Matters concerning the qualifications and conditions for entry and withdrawal for the members who use 
the collective mark;  
2. Matters concerning the conditions for use of the collective mark;  
3. Matters concerning the sanctions against those violating the provisions of subparagraph 2;  
4. Other matters necessary for using the collective mark.  
(2) In cases of a geographical collective mark, it shall include the following matters in addition to the matters 
referred to in each subparagraph of paragraph (1):  
1. Specific quality, reputation, or other specific characters of the goods;  
2. Intrinsic relationship between the geographic surroundings, and specific quality, reputation, or other 
specific characters of the goods;  
3. Area which is the object of geographical indication;  
4. Self-management standards and methods of maintenance of the specific quality, reputation, or other 
specific characters of the goods.  
[This Article Wholly Amended by Presidential Decree No. 18901, Jun. 30, 2005]  
Article 1-3 (Documents Evidencing Compatibility with Definition of Geographical Indication)  
For the purpose of the latter part of Article 9 (4) of the Act and the latter part of Article 86-16 (3) of the Act, 
"documents attesting to the fact that it conforms to the definition of geographical indication" means the 
following documents: <Amended by Presidential Decree No. 23343, Dec. 2, 2011>  
1. Papers regarding specific quality, reputation or other specific characters of the goods;  
2. Papers regarding intrinsic relationship between the geographic surroundings and the specific quality, 
reputation or other specific characters of the goods;  
3. Papers regarding the area which is the object of geographical indication;  
4. Papers evidencing that the legal person being the applicant of geographical collective mark consists 
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Page 4solely of persons operating businesses of production, manufacture or processing of the goods that can 
bear the geographical indication;  
5. Papers evidencing that the geographical indication is protected in the country of origin (limited to cases of 
applying for registration of geographical collective mark regarding foreign geographical indications).  
[This Article Newly Inserted by Presidential Decree No. 18901, Jun. 30, 2005]  
Article 1-4 (Submission of Opinions by Local Governments concerning Application for Registration of 
Geographical Collective Marks)  
(1) The Commissioner of the Korea Intellectual Property Office may hear opinion of the relevant local 
government on the following matters regarding the examination of an application for registration of 
geographical collective mark, and he/she may, when necessary, ask for cooperation, such as submission of 
data: 
1. Matters regarding the production, manufacture, processing and distribution of the goods applicable to the 
geographical indication;  
2. Matters regarding the present conditions of producers' organization, etc. of the goods applicable to the 
geographical indication, and whether the applicant is qualified or able to represent the producers, etc. of 
the area;  
3. Other matters regarding the requirements for registration of geographical collective mark, such as 
intrinsic relationship between the characteristics of the goods applicable to the geographical indication 
and the geographic surroundings, and the specific quality of the goods.  
(2) The head of a local government may submit his/her opinion on the following matters regarding an application 
for registration of geographical collective mark to the Commissioner of the Korean Intellectual Property 
Office, and when necessary for the proper protection of such geographical indication, he/she may consult or 
coordinate with the applicant:  
1. Whether the applicant, regarding production, manufacture, processing, etc. of the relevant goods, is 
qualified or able to represent the producers, etc. of the area;  
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Page 52. Whether the characteristics of the goods applicable to the geographical indication, the area applicable to 
the geographical indication, the self-management standards, etc. are proper.  
[This Article Newly Inserted by Presidential Decree No. 18901, Jun. 30, 2005]  
Article 1-5 (Matters to be Entered in Documents, etc. Stating Matters concerning Use of Certification Marks)  
(1) "Matters concerning the use of certification marks prescribed by Presidential Decree" in Article 9 (5) of the 
Act means each of the following:  
1. Matters concerning the quality, origin, mode of production or other characteristics (hereinafter referred to 
as "quality, etc.") of the goods or service business subject to verification;  
2. Matters concerning conditions for the use of certification marks;  
3. Matters concerning sanctions on persons who violate subparagraph 2;  
4. Other matters concerning the use of certification marks.  
(2) "Document proving that he/she can verify and manage the quality, origin, mode of production or other 
characteristics of the goods or service business subject to verification" in Article 9 (5) of the Act shall include 
the following matters:  
1. Matters concerning the standards, procedures, method, etc. of testing or examining the goods or service 
business subject to verification;  
2. Matters concerning specialized facilities, professionals, etc. required to verify and manage the quality, etc. 
of the goods or service business subject to verification;  
3. Matters concerning the management, supervision, etc. of users of certification marks;  
4. Other matters that prove in an objective manner the quality, etc. of the goods or service business subject 
to verification can be verified and managed.  
[This Article Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011]  
Article 1-6 (Hearing Opinions, etc. concerning Applications for Certification Mark Registration)  
In relation to the examination of an application for certification mark registration, the Commissioner of the 
Korean Intellectual Property Office may hear opinions on the following matters from related administrative 
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Page 6agencies or persons with considerable knowledge and experience about goods or service business, and 
where necessary the commissioner may request them to render cooperation, such as submission of data:  
1. Matters concerning the quality, etc. of the goods or service business subject to verification;  
2. Matters concerning whether the applicant for certification mark registration has the ability to verify and 
manage the quality, etc. of the goods or service business;  
3. Other matters concerning requirements for certification mark registration.  
[This Article Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011]  
Article 2 (Transfer of Applications for Collective Mark Registration, etc.)  
(1) Any person who intends to obtain permission for the transfer of an application for collective mark registration 
under the proviso to Article 12 (9) of the Act and for the transfer of a collective mark right under the proviso 
to Article 54 (9) of the Act shall submit an application for transfer permit prescribed by Ordinance of the 
Ministry of Knowledge Economy to with the Commissioner of the Korean Intellectual Property Office together 
with the following: <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 17249, Jun. 
27, 2001; Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree No. 22112, Apr. 7, 2010; Presidential 
Decree No. 23343, Dec. 2, 2011>  
1. Documents certifying merger of corporations;  
2. Articles of association of the corporation surviving the merger. In such cases, the relevant articles of 
association shall include matters referred to in Article 1- 2. 
(2) Any person who intends to obtain permission for the transfer ofan application for certification mark 
registration under the proviso to Article 12 (10) of the Act or permission for the transfer of a certification mark 
right under the proviso to Article 54 (10) of the Act shall submit an application for transfer permit prescribed 
by Ordinance of the Ministry of Knowledge Economy to the Commissioner of the Korean Intellectual 
Property Office together with the following: <Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011>  
1. A document proving that the application for certification mark registration or the certification mark right is 
transferred with the business of such certification mark;  
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Page 72. The articles of association or agreement referred to in Article 9 (5) of the Act to be used by a person to 
whom the application for certification mark registration or a certification mark right is to be transferred, 
and a document proving that he/she can verify and manage the quality, etc. of the goods or service 
business subject to verification (in which case all the matters specified in the subparagraphs of Article 1-
5 (1) and (2) shall be entered in the said documents).  
Article 2-2 (Designation Standards, etc. for Specialized Investigation Agencies)  
(1) The Commissioner of the Korean Intellectual Property Office shall designate a legal entity that fully satisfies 
the following requirements as a specialized investigation agency referred to in Article 22-2 (1) of the Act 
(hereinafter referred to as "specialized investigation agency"): <Amended by Presidential Decree No. 20125, Jun. 
28, 2007; Presidential Decree No. 22112, Apr. 7, 2010>  
1. To possess a database of documentary records and equipment necessary for trademark inspection;  
2. To secure an organization exclusively dedicated to trademark inspection and not less than ten human 
resources;  
3. To have the work process guidelines for securing the independence and fairness of the work of 
trademark inspection;  
4. To be equipped with a security system for preventing the leakage of confidential information relating to 
trademark inspection.  
(2) No specialized investigation agency designated under paragraph (1) shall conduct inspection work in an 
impartial manner. <Amended by Presidential Decree No. 22112, Apr. 7, 2010>  
(3) Any person who intends to be designated as a specialized investigation agency shall submit an application 
for designation of specialized investigation agency accompanied by documents evidencing that 
requirements under each subparagraph of paragraph (1) are fully satisfied, to the Commissioner of the 
Korean Intellectual Property Office. <Amended by Presidential Decree No. 22112, Apr. 7, 2010>  
(4) Detailed standards for the securing of a database of documentary records, equipment, dedicated 
organization and human resources, and detailed standards for the handling of trademark inspection work 
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Page 8and concrete standards for a security system and matters concerning the operation of a specialized 
investigation agency under each subparagraph of paragraph (1) shall be determined and announced by the 
Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 22112, Apr. 
7, 2010>  
[This Article Newly Inserted by Presidential Decree No. 15578, Dec. 31, 1997]  
Article 2-3 (Procedures, etc. for Request of Trademark Inspection)  
(1) The Commissioner of the Korean Intellectual Property Office may request a specialized investigation agency 
to inspect a trademark for an application for trademark registration which he/she deems necessary for the 
inspection in accordance with Article 22-2 (1) of the Act.  
(2) Where the head of a specialized investigation agency has received a request for trademark inspection 
referred to in paragraph (1) from the Commissioner of the Korean Intellectual Property Office, he/she shall 
promptly notify the Commissioner of the Korean Intellectual Property Office of the results of the inspection. 
<Amended by Presidential Decree No. 17249, Jun. 27, 2001>  
(3) Where the results of inspection referred to in paragraph (2) are deemed unsatisfactory, the Commissioner of 
the Korean Intellectual Property Office may ask the specialized investigation agency for a re-inspection by 
specifying the scope, etc. of inspection.  
(4) Paragraph (2) shall apply mutatis mutandis to re-inspections under paragraph (3).  
[This Article Newly Inserted by Presidential Decree No. 15578, Dec. 31, 1997]  
Article 2-4 (Subject Matter of Preferential Examinations)  
"Applications for trademark registration prescribed by Presidential Decree which are deemed requiring 
urgent disposal, including cases where an applicant for the trademark registration is using the trademark, 
the application of trademark registration of which was filed, for all of the designated goods" in Article 22-4 (2) 
2 of the Act means any of the following cases:  
1. Where an applicant for trademark registration is deemed using the trademark, the application for 
trademark registration of which is filed, for all of the designated goods;  
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Page 92. Where an application for trademark registration is deemed made by an application for a trial on 
cancellation under Article 8 (5) of the Act;  
3. Where an application is deemed the application for registration of a collective mark filed by a corporation 
jointly established by no less than five small and medium business proprietors under Article 18-2 of the 
Enforcement Decree of the Government Procurement Ac t; 
4. Where it is deemed evident that the ground for applying for the trademark registration is that the 
trademark under application for trademark registration is being prepared for using for all of the 
designated goods, in addition to grounds under subparagraphs 2 and 3.  
[This Article Newly Inserted by Presidential Decree No. 22112, Apr. 7, 2010]  
Article 2-5 (Decision on Preferential Examinations)  
(1) A person who intends to apply for a preferential examination under Article 22-4 (2) of the Act shall submit, to 
the Commissioner of the Korean Intellectual Property Office, an application for preferential examination and 
accompanying documents determined by Ordinance of the Ministry of Knowledge Economy.  
(2) The Commissioner of the Korean Intellectual Property Office shall decide whether to conduct a preferential 
examination, upon receiving an application for preferential examination under paragraph (1).  
(3) Necessary matters concerning decision on the preferential examination under paragraph (2) shall be 
deter mined and announced by the Commissioner of the Korean Intellectual Property Office.  
[This Article Newly Inserted by Presidential Decree No. 22112, Apr. 7, 2010]  
Article 3 (Trademark Gazette)  
The Trademark Gazette as prescribed by Article 89 (1) of the Act shall include the following matters: 
<Amended by Presidential Decree No. 15578, Dec. 31, 1997; Presidential Decree No. 17249, Jun. 27, 2001; 
Presidential Decree No. 18901, Jun. 30, 2005; Presidential Decree No. 20125, Jun. 28, 2007; Presidential Decree No. 
22112, Apr. 7, 2010; Presidential Decree No. 23343, Dec. 2, 2011>  
1. For the public notice on application under Article 24 (2) of the Act (including cases applicable mutatis 
mutandis under Articles 49 (3) and 81 (1) of the Act), the matters in the following items:  
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Page 10(a) Name and address of the applicant (in cases of a corporation, its title and the location of its place of 
business);  
(b) Trademark (in cases of a sound trademark, odor trademark or any other visually unrecognizable 
trademark, "no sample" shall be entered);  
(c) Designated goods and classification of categories thereof;  
(d) Number and date of the application (in cases of an international application deemed an application for 
trademark registration under the Act pursuant to Article 86-14 (1) of the Act, the number of 
international registration, and the date of international registration or the date of subsequent 
designation pursuant to paragraph (2) of the same Article);  
(e) Number and date of the public notice on application;  
(f) In cases of a trademark under Article 2 (1) 1 of the Act, the indication that it is such trademark;  
(g) Registration number of registered trademark to which designated goods are to be added, or number of 
the trademark registration application (limited to an additional registration application for designated 
goods);  
(h) Matters, other than those prescribed in items (a) through (g), which are related to a trademark 
registration application or additional registration application for designated goods;  
(i) Purport indicating that it falls under Article 6 (2) of the Act (limited to application for trademark 
registration made a decision of publication by falling under the same paragraph);  
(j) Summary of the articles of associationor agreement under Article 9 (4) or (5) of the Act (limited to cases 
of collective marks,geographical collective marks, certification marks, and geographical certification 
marks);  
(k) Purport indicating that it is a geographical collective markor geographical certification mark (limited to 
cases of ageographical collective mark or geographical certification mark);  
(l) Explanation on the trademark involved, if it is a trademark under Article 2 (1) 1 (b) or (c) of the Act;  
(m) Matters concerning ex officio correction under Article 24-3 of the Act;  
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Page 11(n) In cases of a sound trademark, odor trademark or any other visually unrecognizable trademark, visual 
expression under Article 9 (3) of the Act for the relevant trademark;  
(o) In cases of a sound trademark, a sound file conforming to the visual expression under Article 9 (3);  
2. Matters, other than those referred to in subparagraph 1, which are to be included under the Act and this 
Decree;  
3. Matters concerning the trademark, which the Commissioner of the Korean Intellectual Property Office 
deems necessary to be included.  
Article 3-2 (Management ofPersonally Identifiable Information)  
The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property 
Tribunal may manage data containing resident registration numbers or foreign registration numbers as 
specified in Article 19 (1) or (4) of the Enforcement Decree of the Personal Information Protection Act where 
such management is unavoidable in order to conduct any of the following:  
1. Business of granting identification numbers under Article 5-26 of the Act;  
2. Business of investigating or preserving evidence under Article 77-20 of the Act;  
3. Business of submitting documents under Article 92-5 of the Act;  
4. Other business of filing, reporting, or submitting applications, examinations, trials, and registrations 
pursuant to the Act or this Decree.  
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]  
Article 4 (Standards for Imposition of Fines for Negligence)  
The standards for imposition of fines for negligence under Article 98 (1) of the Act shall be as specified in the 
attached Table.  
[This Article Wholly Amended by Presidential Decree No. 23343, Dec. 2, 2011]  
Article 5 (Application Mutatis Mutandis)  
(1) The provisions of Article 18 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the 
applications, requests and other procedures relating to the trademark registration. In this case, the term 
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Page 12"trial" in Article 18 (3) of said Decree shall be read as "objection against trademark registration and trial." 
<Amended by Presidential Decree No. 20125, Jun. 28, 2007>  
(2) The provisions of Article 8 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the 
examiner, the trial examiner, the presiding trial examiner and the President of the Korean Intellectual 
Property Tribunal. <Amended by Presidential Decree No. 15578, Dec. 31, 1997; Presidential Decree No. 18901, Jun. 
30, 2005>  
 
ADDENDUM  
This Decree shall enter into force on September 1, 1990.  
 
ADDENDUM <Presidential Decree No. 13747, Oct. 27, 1992>  
This Decree shall enter into force on November 1, 1992.  
 
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on the date of its promulgation.  
Articles 2 through 4 Omitted.  
 
ADDENDUM <Presidential Decree No. 15578, Dec. 31, 1997>  
This Decree shall enter into force on March 1, 1998.  
 
ADDENDUM <Presidential Decree No. 17249, Jun. 27, 2001>  
This Decree shall enter into force on July 1, 2001: Provided, That the amended provisions of subparagraph 1 
(d) of Article 3 shall enter into force on the date of taking effect on the Republic of Korea of the Protocol 
relating to the Madrid Agreement concerning the International Registration of Marks.  
 
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>  
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Page 13This Decree shall enter into force on the date of its promulgation.  
 
ADDENDA <Presidential Decree No. 18901, Jun. 30, 2005>  
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2005.  
(2) (Applicability to Matters of Description in Articles of Incorporation) The amended provisions of Article 1-2 (1) 
shall apply to applications filed on or after the enforcement of this Decree.  
 
ADDENDUM <Presidential Decree No. 20125, Jun. 28, 2007>  
This Decree shall enter into force on July 1, 2007.  
 
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on the date of its promulgation.  
Articles 2 and 3 Omitted.  
 
ADDENDUM <Presidential Decree No. 21582, Jun. 30, 2009>  
This Decree shall enter into force on July 1, 2009.  
 
ADDENDUM <Presidential Decree No. 22112, Apr. 7, 2010>  
This Decree shall enter into force on July 28, 2010.  
 
ADDENDA <Presidential Decree No. 23343, Dec. 2, 2011>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on the date the Free Trade Agreement between the Republic of Korea and 
the United States of America takes effect with regard to the Republic of Kor ea. 
Article 2 (Transitional Measures concerning Fines for Negligence)  
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Page 14(1) In applying the standards of imposition of fines for negligence to violations committed before this Decree 
enters into force, the former provisions shall govern, notwithstanding the amended provisions of the 
attached Table.  
(2) The disposition for of imposition of fines for negligence resulting from violations committed before this 
Decree enters into force shall not be included in the calculation of the number of violations under the 
amended provisions of the attached Table.  
 
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of 
subparagraphs 1 through 3 of Article 3-2 of the Enforcement Decree of the Trademark Act pursuant to 
Article 178 shall enter into force on the date the Free Trade Agreement between the Republic of Korea and 
the United States of America takes effect with regard to the Republic of Korea.  
Article 2 Omitted. 
 
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