WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KOR/T/2/Add.1 
28 November 2005 
 (05-5641) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
Addendum  
 
 The present document reproduces the text1 of  an amendment to the Trademark Law (entered into force 
on 1 July 2005), notified by Korea under Article 63.2 of the Agreement in a communication from its Delegation 
dated 27 July 2005.   
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
Addendum  
 
 
 Le présent document contient le texte1 d'une modification apportée à la Loi sur les marques de fabrique 
ou de commerce (entrée en vigueur le 1er juillet 2005), qui a été notifiée par la  Corée au titre de l'article 63:2 de 
l'Accord dans une communication de sa délégation datée du 27 juillet 2005.    
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
 
Addendum  
 
 
 En el presente documento se reproduce el texto1 de una modificación de la Ley de Marcas de Fábrica o 
de Comercio (que entró en vigor el 1º de julio de 2005), que Corea notificó en virtud del párrafo 2 del 
artículo 63 del Acuerdo en una comunicación de su Delegación de fecha 27 de julio de 2005. 
                                                      
 1 In English only./En anglais se ulement./En inglés solamente. IP/N/1/KOR/T/2/Add.1 
Page 2  
 
 AMENDMENT TO THE  TRADEMARK LAW
 
  
 
Article 2  Definitions 
 
(1) The definitions of terms used in this Act are as follows:  
 (i) "trademark" is defined as either of the fo llowing (referred to as "a mark") that is used 
on goods related to the business of a pers on who conducts business activities, such as 
producing, processing, certifying or selling such goods, to distinguish them from the goods of others; 
               (a) a sign, a character, a figure, a three-dimensional shape or any combination of 
these; or 
               (b) any combination of colo r with any of the items of subparagraph (a) of this 
paragraph; 
 
 (ii) "service mark" means a mark used by a person who conducts a service business to 
distinguish the service business from the service businesses of others; 
  (iii) "collective mark" means a mark intende d to be used by a legal entity founded in 
association with a person who conducts  business activities such as producing, 
manufacturing, processing, certifying or  selling goods and with a person who 
conducts a service business; members of the legal entity can use the mark for their 
goods and services; 
  (iii bis)"geographical indication" means an indicatio n that identifies a good as originating in a 
certain region where a given quality, reputati on or other characteristic of the good is 
essentially attributable to that region; 
   (iii ter) "homonymous geographical indication" means a geographical indication that has the 
same pronunciation as another geographical i ndication on the same type of goods, but 
which refers to a different geographical region; 
 
 (iii quater ) "collective mark for a geographical indi cation" means a collective mark intended 
to be used by a legal entity composed  solely of persons  who conduct business 
activities such as producing, manufacturing, processing, or selling goods; members of the legal entity can use the co llective mark for their goods; 
 
 (iv)  "business emblem" means a mark used by a person conducting a nonprofit business to 
indicate the person’s business; 
  (v) "registered trademark" means a trademar k for which trademark registration has been 
granted; and 
 
 (vi) "use of a trademark" means any of the following acts:    (a) using trademarks on goods or their packaging;   IP/N/1/KOR/T/2/Add.1 
 Page 3 
 
 
               (b) selling or delivering goods  or their packaging on which trademarks have been 
used, or displaying, exporting or importing such goods or their packaging for the purposes of selling or delivering; or 
               (c) using a trademark on advertisements, price lists , business papers, signboards 
or labels, or displaying or distributing them. 
 (2)  Acts of using a trademark on goods or thei r packaging, advertisements, signboards or labels 
under paragraph (1)(vi)(a) to (c) of this Article  include the use of goods or their packaging, 
advertisements, signboards or labels as shapes of marks. 
 
(3)  Except as otherwise stipulated in this Act, the provisions in this Act that are related to 
trademarks apply to service marks, co llective marks and business emblems. 
 
Article 3 bis  Persons Entitled to Register a Collective Mark  
 A legal entity founded in association with a pe rson who conducts business activities such as 
producing, manufacturing, processing, certifying or  selling goods and with a person who conducts a 
service business is entitled to register a collective mark. Whenever a collective mark is used as a 
geographical indication, use of the mark is limite d to legal entities composed solely of persons who 
conduct business activities such as producing, manufacturing, processing or certifying goods. 
 
Article 6  Requirements for Trademark Registration 
 
(1) Trademark registration may be obtained except in any of the following cases:    (i) where the mark consists solely of a si gn indicating, in a common way, the usual name 
of the goods; 
  (ii) where the mark is customarily used on the goods;   (iii) where the mark consists solely of a sign indicating, in a common way, the origin, 
quality, raw materials, efficacy, use, quan tity, shape (including the shape of the 
packaging) or price of the goods, or the method or time of manufacturing, processing 
or using them; 
  (iv) where the mark consists solely of a sign indicating a conspic uous geographical name, 
an abbreviation of a conspicuous  geographical name or a map; 
 
 (v) where the mark consists solely of a sign indicating, in a common way, a common 
surname or name of a legal entity; 
  (vi) where the mark consists solely of a very simple and commonplace sign; or 
 
 (vii) in addition to the cases mentioned in subpara graphs (i) to (vi) of this Article, where the 
mark does not enable consumers to recognize the person whose goods are indicated by the mark.  
 
(2)  Even if a trademark that fall s under paragraphs (1)(iii) to (vi) of  this Article, where, as a result 
of using the trademark before the application for registration under Article 9 of this Act, 
consumers are easily able to recognize the person whose goods are indicated by the 
trademark, the trademark may be registered with the designated goods for which the IP/N/1/KOR/T/2/Add.1 
Page 4  
 
 trademark has been used; the same applies to  designated goods and s upplementary designated 
goods as defined in Articles 10(1) and 47(2)(iii) of this Act. 
 
(3)  Notwithstanding marks that are subject to paragr aph (1)(iii) of this Article (which is limited to 
the producing area) or paragraph (1)(iv) of th is Article, whenever a mark is used as a 
geographical indication on specific goods, a collective mark for a geographical indication may be registered for designated goods that use the geographical indication. 
 
Article 7  Unregistrable Trademarks 
 
(1)  Notwithstanding Article 6, trademark registra tion may not be obtained in any of the following 
cases: 
 
 (i) trademarks that are identical or similar to the following: the national flag, the national 
emblem, as well as colors, medals, decorati ons or badges of the Republic of Korea; 
the national flags or emblems of foreign na tions; the medals, decorations or badges of 
the countries party to the Paris Convention for the Protection of Intellectual Property 
(referred to as "the Paris Convention") or of the members of the World Trade Organization or of the contracting parties to the Trademark Law Treaty; the titles or 
marks of the Red Cross, Olympic orga nizations or well-known international 
organizations; titles or marks that are identical or similar to seals or signs of the Republic of Korea, or of the countries party to the Paris Convention, the members of 
the World Trade Organization, the contracting parties to the Trademark Law Treaty 
or the public organizations of these that are used for indicating supervision or 
certification; 
  (ii) trademarks that falsely indicate a connec tion with, or that criticize, insult or are liable 
to defame, any nation, race, ethnic group, public organization, religion or well-known 
deceased person; 
  (iii) trademarks that are identical or similar to well-known marks that indicate a nonprofit 
business of a State, a public organization or  its agencies or public corporations, or a 
nonprofit public service; however, this provision does not apply where a nonprofit 
business of a State, a public organization or  its agencies or public corporations, or a 
nonprofit public service apply to register such marks as their business emblems; 
  (iv) trademarks that are contrary to public order or morality;  
 (v) trademarks comprising a mark that is id entical or similar to a medal, certificate of 
merit or decoration awarded at an exhibition held by or with the authorization of the 
Government of the Republic of Korea or at an exhibition held by or with the 
authorization of the government of a foreign country, unless a person who has been awarded a medal, certificate of merit or decoration has used it as part of the 
trademark on the same goods for which the medal, certificate of merit or decoration 
was awarded at the exhibition; 
  (vi) trademarks containing the name, title or trade name, portrait, signature or seal, 
famous pseudonym, professional name or pen name of well-known persons, or an 
abbreviation of these, unless the consent of the person concerned has been obtained; 
 
  (vii)  trademarks that are identical or similar to another person's registered trademark 
(excluding a registered collective mark for a geographical indication) when the  IP/N/1/KOR/T/2/Add.1 
 Page 5 
 
 
 registration was applied for before the f iling date of the trademark applications 
concerned and when the trademarks are to be  used on goods identical or similar to the 
designated goods; 
  (vii bis)  trademarks that are identical or similar to another person's registered collective mark 
for a geographical indication when the regi stration was applied for before the filing 
date of the trademark applications concerned and when the trademarks are to be used on goods identical or similar to the designated goods; 
  (viii)  trademarks that are identical or si milar to another person's registered trademark 
(excluding a registered collective mark for a geographical indication) when not more 
than a year has elapsed since the date on which the trademark right expired (that is, 
the date on which a trial decision became final for a trial decision invalidating a 
trademark registration) and when the tradem arks are to be used on goods that are 
identical or similar to the designated goods; 
 
 (viii bis) trademarks that are identical or similar to  another person's registered collective mark 
for a geographical indication when not more th an a year has elapsed since the date on 
which the registered collective mark for a geographical indication right expired (or the date on which a trial decision became final for a trial decision invalidating a 
collective mark for a geographical indication) and when the trademarks are to be used 
on goods identical to the designated goods; 
  (ix)  trademarks that are identical or similar to another person's trademark when that other 
person’s trademark (excluding a geogra phical indication) is well known among 
consumers to indicate or resemble the othe r person’s goods, and when the trademarks 
are to be used on goods that are identical or similar to such goods; 
  (ix bis)  trademarks that are identical or similar to another person's geographical indication 
when that other person’s geographical i ndication is well known among consumers to 
indicate or resemble a certain region’s goods and when the trademarks are to be used 
on goods that are identical or similar to such goods; 
 
 (x)  trademarks that are liable to cause confusion with the goods or services of another 
person because consumers easily recognize th e trademark as designating the goods or 
services of the other person;  
 
 (xi) trademarks that are liable to mislead or deceive consumers on the quality of the 
goods; 
  (xii)  trademarks that are identical or similar to a trademark (excluding a geographical 
indication) that consumers inside or outside  the Republic of Korea easily recognize as 
indicating the goods of a partic ular person, and which are used to obtain unjust profits 
or to inflict harm on a particular person and so on;  
  (xii bis) trademarks that are identical or similar to a geographical indication that consumers 
inside or outside the Republic of Korea easily recognize as indicating the goods of a 
certain region, and which are used to obtai n unjust profits or to inflict harm on a 
legitimate users of the geographical indication and so on;  
  (xiii)  trademarks that consist solely of  three-dimensional shap es that are essential for 
securing the functions of goods, or thei r packagings, that require trademark 
registration; or IP/N/1/KOR/T/2/Add.1 
Page 6  
 
  
 (xiv)  trademarks that consist of a geogr aphical indication or include a geographical 
indication of the origin of wines or spirits in a member state of the World Trade Organization, and which are used for wines,  spirits or other similar goods. However, 
this provision does not apply if a legitimate  user of a geographical indication applies 
to register a collective mark for a geographical indication under Article 9(3) of this 
Act and the relevant goods are the designated goods. 
 (2)  Where a trademark falls under paragraphs (1)(vi), (ix), (ix bis) and (x) of this Article, the 
respective provisions do not apply if the trademark does not fall under the respective 
subparagraphs when the applicant a pplies for trademark registration. 
 (3)  Where a trademark falls under paragraph (1)(vii), (vii bis), (viii) and (viii bis) of this Article, 
the respective provisions apply if the tradem ark falls under the respective subparagraphs 
when the applicant applies for trademark registra tion (or if the registered trademark of another 
person is invalidated under Article 71(3) of th is Act), unless the owner of the trademark and 
the applicant for registration of the trademark (referred to as “the applicant”) are the same 
person after filing the application.  
 
(4)  Paragraphs (1)(viii) and (viii bis) of this Article do not apply to the following cases: 
  (i) where the registered trademark has not been  used for more than one year retroactively 
from the date on which the trademark right was extinguished; 
 
 (ii) where a rightful applicant applies to register the trademark, after a decision on 
invalidation or revocation becomes final b ecause the registered trademark violates 
paragraphs (1)(vi), (ix), (ix bis), (x), (xii) and (xii bis) of this Article or Articles 8 
or 73(1)(vii) of this Act; or 
 
 (iii) where an applicant applies to register th e trademark after the period of six months as 
prescribed in Article 43(2) of this Act has elapsed without applying to renew the term 
of the registered trademark. 
 (5)  Where a trial for the cancellation of a trademark registration is requested under 
Article 73(1)(ii), (iii), and (v) to (xii) of this Act, and where any of the following 
subparagraphs occurs after the date of requ esting the cancellation trial, the owner of the 
trademark right and any person using the tradem ark may not obtain trademark registration for 
a trademark that is identical or similar to a re gistered trademark extinguished with respect to 
goods (the collective mark for geographical indica tion is limited to an identical goods)that are 
identical or similar to the designated goods of the extinguished registered trademark, unless 
three years have elapsed since the day on wh ich each of the following subparagraphs occurs: 
  (i) where the trademark right has been extinguished because the term has expired; 
 
 (ii) where a person with the trademark right abandons the trademark right or some of the 
designated goods; or 
  (iii) where the trial decision on the cancella tion of a trademark registration has become 
final. 
 
(6)  Paragraph (1)(vii bis) (viii bis) and (ix bis) may not be applicable between the collective marks 
for homonymous geographical indication. 
  IP/N/1/KOR/T/2/Add.1 
 Page 7 
 
 
 Article 8  First-to-File Rule 
 
(1)  Where two or more applications for tradem ark registration related to identical or similar 
trademarks that are to be used on identical or  similar goods are filed on different dates, only 
the applicant filing the application with the earlier filing date may obtain trademark 
registration for the trademark. 
 
(2)  Where two or more applications for tradem ark registration related to identical or similar 
trademarks that are to be used on identical or similar goods are filed on the same date, a 
consultation will be held among all the applicants and the person agreed upon by all the 
applicants may obtain trademark registration for the trademark. If no agreement is reached or 
no consultation is possible, the trademark regi stration may be obtained only by the applicant 
chosen by a lottery conducted by the Commi ssioner of the Korean Intellectual Property 
Office. 
 
(3)  Where an application for trademark registration has been abandoned, withdrawn or 
invalidated, or where an examiner's decision or  trial decision to refuse trademark registration 
has become final, the application, for the purposes of paragraphs (1) and (2) of this Article, is 
deemed never to have been filed.  
 (4)  In cases under paragraph (2) of this Artic le, the Commissioner of the Korean Intellectual 
Property Office shall instruct the applicants to give notice of any agreement they reach and to 
report the terms of their agreement. If they  do not submit a report within the designated 
period, the applicants are deemed not to have  reached an agreement within the meaning of 
paragraph (2) of this Article. 
 
(5)  Where a trial for the cancellation of a registered trademark is requested under 
Article 73(1)(iii) of this Act and where each of  the following subparagraphs occurs after the 
day on which the cancellation trial is request ed, only the person requesting the cancellation 
trial may obtain trademark registration for the tr ademark that is identical or similar to the 
registered trademark that has been extinguished  because of goods that are identical or similar 
to the designated goods of the registered tradem ark that has been extinguished for a period of 
three months after the day on which each of the following subparagraphs occurs: 
  (i) when the period under Article 43(2) of this Act expires;  
 (ii) when a person with the trademark right abandons the trademark right or some of the 
designated goods; or 
  (iii) when the trial decision on the cancella tion of a trademark registration has become 
final. 
 
(6)  Paragraphs (1) and (2) of this Article  do not apply in either of the following cases: 
  (i) where the mark in two or more appli cations to register a collective mark for a 
geographical indication is identical or similar to a mark on non-identical goods; or where the mark in an application to regi ster a collective mark for a geographical 
indication and a similar or identical mark in an application to register a trademark are 
both identical or similar to a mark on non-identical goods; or 
  (ii) where the mark in two or more appli cations to register a collective mark for a 
geographical indication is a homonymous collective mark for a geographical 
indication.  IP/N/1/KOR/T/2/Add.1 
Page 8  
 
  
(7)  Paragraph (5) of this Article does not  apply in either of the following cases:  
  (i) where the goods referred to in an application to register a trademark are not identical 
to the designated goods and the mark in the a pplication is similar or identical to the 
expired collective mark for a geographical indication; or  
  (ii) where the mark in an application to register a collective mark for a geographical 
indication is applicable to a collective mark for a geographical indication with a lapsed registration and a homonymous coll ective mark for a geographical indication. 
 
Article 9 Application for Trademark Registration 
 
(1) A person seeking to register a trademark sha ll file an application with the Commissioner of 
the Korean Intellectual Property Office, stating the following: 
 
 (i) the name and address of the applicant (and, if a legal entity, the name and address of 
the business); 
 
 (ii) the name and residential or business address of the agent, if any (and, if the agent is a 
patent legal entity, the name and addr ess of the business and the name of the 
designated patent attorney); 
  (iii) the trademark; 
 
 (iv) the list of designated goods and the class of goods;   (v) the matters prescribed under Article 20(3) (only when claiming a priority right);   (vi) deleted;  
 
 (vii) the matters prescribed by ordinance of the Ministry of Commerce, Industry and 
Energy. 
 
(2) A person seeking to register a mark made up of a three-dimensional shape comprising any 
combination of signs, characters, figures or colors (referred to as "a three-dimensional trademark") shall indicate on the application that the mark is a three-dimensional trademark.  
 
(3) A person seeking to register a collective mark sh all file an application to register a collective 
mark stating the matters mentioned in the subpa ragraphs of paragraph (1) of this Article 
accompanied by the articles of association that govern the use of the collective mark, as 
prescribed by Presidential Decree. If the person is seeking to register the collective mark for a 
geographical indication under Article 2(1)(iii quater ) of this Act, the person shall describe the 
purpose of the collective mark in the appli cation and submit the application along with 
documentary evidence that the mark complies w ith the definition of a geographical indication 
under Article 2(1)(iii bis) of this Act. 
 
(4) A person seeking to register a business emblem sh all file an application to register a business 
emblem stating the matters mentioned in the s ubparagraphs of paragra ph (1) of this Article 
accompanied by documents proving the existence of a business management. 
  IP/N/1/KOR/T/2/Add.1 
 Page 9 
 
 
 Article 17 bis  Submission of Amended Articles of Association  
 
Where the articles of association need to be amende d, an applicant for a collective mark can submit 
the amended articles of association to the Commissioner of the Korean Intellectual Property Office 
within the period determined under Ar ticles 14(2) or 15 of this Act. 
 
Article 22 bis Request etc. for Inspection of a Trademark by a Specialized Searching Agency 
 
(1) Where a specialized searching agency is considered necessary for the examination of an 
application for trademark registration, the Co mmissioner of the Korean Intellectual Property 
Office may request such an ag ency to inspect trademarks. 
 (2) When considered necessary for the examination of an application for trademark registration, 
the Commissioner of the Korean Intellectual Property Office may request assistance or advice 
from a competent administrative agency, a pers on with vast knowledge and experience in 
trademarks, or interested persons. 
 (3) Where the items of an application for a co llective mark for a geographical indication are 
subject to the Agricultural Products Quality C ontrol Act or the Fisheries Products Quality 
Control Act, the Commissioner of the Korean Intellectual Property Office shall obtain an 
opinion on as to the mark can be considered a geographical indication from the relevant minister of either the Ministry of Agriculture and Forestry or the Ministry of Maritime Affairs and Fisheries.    
 
(4) Criteria for the specialized searching agency and requests for the search of trademarks under 
paragraph (1) of this Article are prescribed by Presidential Decree.  
 
Article 23    Decision to Refuse Trademark Registration and 
Notification of Reasons for Refusal 
 (1)  An examiner shall refuse trademark registra tion for an application for trademark registration 
under any of the following circumstances:  
  (i) where the trademark is unregistrable u nder Articles 3, 6 to 8, 10(1), 12(2) (second 
sentence), (5) and (7) to (9) of this Act or Article 25 of the Patent Act as applied 
under Article 5 of this Act; 
  (ii) where the trademark violates a treaty;  
 (iii) where the trademark is identical or simila r to a trademark registered in the territory of 
a country that is a party to a treaty and has been filed by a person who is or was an agent or a representative of the owner of th e trademark, within the one-year period 
before the filing date, without the owner's au thorization, for designated goods that are 
identical or similar to the designated goods covered by the owner's trademark, if an 
opposition has been filed or information h as been submitted under Article 22(3) of 
this Act by the owner; or 
  (iv) where the trademark does not conform to the definition of a mark under 
Article 2(1)(i) to (iii) or (iv) of this Act; or where, in the case of  a collective mark for 
a geographical indication, the geographical indication and the mark do not conform to 
the definitions of a geographical indi cation or mark under paragraphs (iii bis) and 
(iiiquater ) of the Article 2(1) of this Act; or 
 IP/N/1/KOR/T/2/Add.1 
Page 10  
 
  (v)  where the applicant’s articles of association prohib it a person who conducts business 
activities such as producing, processing or selling goods that display a geographical indication from joining or subscribing to the association, or where the articles of 
association prescribe conditions for subscripti on that are too difficult for the person to 
fulfill and so on; or 
 
 (vi)  where the applicant’s articles of association,  referred to in Article 9(3) of this Act, fail 
to mention all  of the matters that govern the use of the collectiv e mark as prescribed 
by Presidential Decree.  
 
(2) When refusing trademark registration under pa ragraph (1) of this Article, an examiner shall 
notify the applicant of the reasons for refusal and give the applicant an opportunity to submit 
a written statement of arguments within a designated period. 
 
Article 33  Mutatis Mutandis  Application of the Patent Act 
 
Articles 142, 148(1) to (5) and (7), and 157 of th e Patent Act and Articles 143, 299 and 367 of the 
Civil Procedure Act apply mutatis mutandis  to the examination of applications for the registration of 
trademarks.  
Article 49  Mutatis Mutandis  Application of the Patent Act 
 
(1)  Articles 10(1), 13, 14, 16, 17, 22 and 30 to 32 of this Act and Article 148(i) to (v) and (vii) of 
the Patent Act apply mutatis mutandis  to an application to renew the term of a registered 
trademark.  
 
(2)  Articles 10(1), 13, 14, 16, 17, 22 and 30 to 32 of  this Act and Article 148(i) to (v) and (vii) of 
the Patent Act apply mutatis mutandis  to an application to register the reclassification of 
goods. 
 
(3)  Articles 9 bis, 10(1), 13 to 17 bis, 20 to 22 and 24 to 32 of this Act, Articles 142, 148(i) to (v) 
and (vii) and 157 of the Patent Act and Artic les 143, 299 and 367 of the Civil Procedure Act 
apply mutatis mutandis  to applications for supplementary  registration of designated goods.  
 
Article 51  Limitations of a Trademark Right 
 
(1)  The effects of a trademark right(excludi ng a collective mark right for a geographical 
indication) do not extend to the following:  
 
 (i) trademarks that indicate in a common way a person's own name, title or trade name, 
portrait, signature, seal, famous pseudonym , professional name or pen name, or a 
famous abbreviation of these; however, th is provision does not apply where, after 
registration of the trademark right, the mark has been used with the intention of 
violating the rules of fair competition; 
  (ii) trademarks that indicate in a common way the common name, origin, place of sale, 
quality, raw materials, efficacy, use, quantity, shape or price of the designated goods concerned or similar goods, or the method or time of manufacturing, processing or using such goods; and 
 
 (iii) trademarks customarily used on th e designated goods or goods similar to the 
designated goods, and marks consisting of a famous geographical name or its 
abbreviations or a map.  IP/N/1/KOR/T/2/Add.1 
 Page 11 
 
 
  
 (iv) trademarks that consist solely of thr ee-dimensional shapes that are essential to secure 
the functions of the designated goods of a registered trademark or their packaging. 
 (2)  The effects of a collective mark right for a geographical indication do not extend to any of the 
following: 
     (i)  trademarks that fall under paragraphs (1)(i ), (ii) (excluding origin) and (iv) of this 
Article;  
  (ii)  trademarks customarily used for goods that are identical to the designated goods of a 
registered collective mark for a geographical indication;      
  (iii)  geographical indications or homonym ous geographical indications used on goods 
which are identical to the designated goods of a registered collective mark for a 
geographical indication, and which are used by a person who conducts business 
activities such as producing, manufacturing, processing or certifying such goods; or 
  (iv)  registered trademarks used by the ow ner, exclusive licensee or nonexclusive licensee 
on the designated goods of a trademark which has been registered with an earlier 
filing date than any other trademark app lication and which includes a geographical 
indication that is identical or similar to a registered collective mark for a geographical 
indication. 
 
Article 66  Acts Considered to be an Infringement 
 
(1)  The following acts are considered to infri nge an exclusive license or a trademark right 
(excluding a collective mark for a geographical  indication): A trademark similar to the 
registered trademark 
  (i) acts of using a trademark that is identic al to another person’s registered trademark on 
goods that are similar to the designated go ods, or using a trademark similar to the 
registered trademark of another person on go ods that are identical or similar to the 
designated goods; 
  (ii) acts of delivering, selling, counterfeiti ng, imitating or possessing a trademark that is 
identical or similar to the registered trad emark of another person in order to use or 
cause a third party to use the trademark on go ods that are identical or similar to the 
designated goods; 
  (iii) acts of manufacturing, delivering, selling or possessing instruments in order to 
counterfeit or imitate another person’s registered trademark or to cause a third party 
to counterfeit or imitate the trademark; and 
 
 (iv) acts of possessing goods for the purpose of assignment or delivery when those goods 
are identical to the designated goods and display a trademark that is identical or similar to another person’s registered trademark 
 
(2) The following acts are consider ed to infringe a collective mark for a geographical indication:  
  (i)  acts of using a trademark (excluding a homonymous collective mark for a 
geographical indication ) that is similar to another person’s registered collective mark 
for a geographical indication on goods that are identical to the designated goods;  IP/N/1/KOR/T/2/Add.1 
Page 12  
 
  
 (ii)  acts of delivering, selling, counterfeiti ng, imitating or possessing a trademark that is 
identical or similar to another person’s registered collective mark for a geographical indication in order to use or cause a third pa rty to use the trademark on goods that are 
identical or similar to the designated goods; 
 
 (iii)  acts of manufacturing, delivering, selling or possessing instruments to counterfeit or 
imitate another person’s registered collectiv e mark for a geographical indication or to 
cause a third party to counterfeit or imitate the trademark;  
 
 (iv) acts of possessing goods for the purpose of assignment or delivery when those goods 
are identical or similar to  the designated goods and display a trademark that is 
identical or similar to another person’s registered collective mark for a geographical indication.  
 
Article 71  Invalidation Trial of a Trademark Registration 
 
(1)  In the following cases, an interested person or  an examiner may demand a trial to invalidate a 
registered trademark or the supplementary regi stration of designated goods. In such a case, if 
two or more designated goods are covered by th e trademark registration, a request for an 
invalidation trial may be made for each of the designated goods: 
 
 (i) the registration is in breach of Articles 3 (the proviso), 6 to 8, or 12(2) (second 
sentence), (5) and (7) to (9) or 23(1)(iv) to (v i) of this Act; or Article 25 of the Patent 
Act, which applies under Article 5 of this Act; 
 
 (ii) the registration violates a treaty; 
  (iii) the registration has been effected on the basis of an application filed by a person who 
is not a successor in title to the right deriving from the trademark application; 
  (iv) following registration, the owner of the trademark right is no longer capable of 
enjoying the right under Article 25 of the Pa tent Act, which applies under Article 5 of 
this Act, or the registration no longer complies with a treaty; 
  (v)  following registration, the registered trademark falls under any of subparagraphs of 
Article 6(1) of this Act (unless Arti cle 6(2) of this Act applies); and 
 
 (vi)  following the registration of a collective mark for a geographical indication under 
Article 41, the geographical indication of the registered collective mark for a geographical indication ceases to be protected or is no longer used in the country of origin.  
 
(2)  A trial for invalidation under paragraph (1) of  this Article may be requested even after the 
extinguishment of a trademark right. 
 
(3)  Where a trial decision invalidating a trademar k registration has become final, the trademark 
right is deemed never to have existed. Ho wever, where a trial decision invalidating a 
trademark right has become final under paragra phs (1)(iv) or (vi) of this Article, the 
trademark right is deemed not to have existe d from the time the trademark registration applies 
under paragraphs (1)(iv) or (v) of this Article. 
  IP/N/1/KOR/T/2/Add.1 
 Page 13 
 
 
 (4)  When applying the proviso of Article 3 of this  Act, where the exact date on which a registered 
trademark falls under paragraph (1)(iv) or (vi) of this Article cannot be specified, the present 
trademark right is deemed not to have exis ted from the date on which a request for an 
invalidation trial under paragraph (1) of this  Article is made known to the public.  
 (5)  Where a trial under paragraph (1) of this Article has been requested, the presiding trial 
examiner shall notify the exclusive licensee of  the trademark right and other persons who 
have any registered rights related to the trademark of the subject of the request. 
 
Article 73  Trial for the Cancellation of a Registered Trademark 
 
(1)  A trial may be requested to cancel a register ed trademark that falls under any of the following 
circumstances: 
 
 (i) deleted;  
  (ii) the owner of the trademark right in tentionally uses a trademark similar to the 
registered mark on the designated goods or uses the registered trademark or a trademark similar to the registered trademark on goods similar to the designated 
goods in a manner that is liable to mislead consumers on the quality of the goods or 
cause confusion regarding the goods of another person; 
  (iii) the owner of the trademark right or the exclusive or nonexclusive licensee has not 
been continuously using the registered tr ademark for a period in excess of three years 
before the date of the cancellation trial for the designated goods in the Republic of 
Korea and no justifiable reasons exist for such nonuse; 
  (iv) the trademark is contrary to Article 54( 1) (second sentence), (5) and (7) to (9) of this 
Act; 
 
 (v) a member of an association allows a thir d party to use its collective mark in violation 
of the statutes of the association or a me mber of an association uses the collective 
mark in violation of the statutes of the association, in a manner that is liable to mislead consumers on the quality or the ge ographical origin of goods or cause 
confusion regarding the goods  of another person's business;  however, an exception is 
made when the owner of the collectiv e mark right has exercised reasonable 
supervision of the member of the association. 
  (vi) when a concern exists that a collec tive mark could mislead consumers on the quality 
of goods or cause confusion regarding the goods  of another person's business due to a 
change of the statutes of the association under Article 9(3) of this Act; 
 
 (vii) a trademark falling under Article 23(1)(iii)  of this Act has been registered and the 
owner of the original trademark requests a ca ncellation trial within five years of the 
trademark’s registration date; 
 
 (viii) the exclusive or nonexclusive licensee uses the registered trademark or a similar 
trademark on the designated goods or simila r goods, in a manner that is liable to 
mislead consumers on the quality of the goods or cause confusion regarding the 
goods of another person's business, except wh en the owner of the trademark right has 
taken reasonable care; or 
 IP/N/1/KOR/T/2/Add.1 
Page 14  
 
  (ix) when similar trademarks belong to diffe rent persons who have a trademark right due 
to the assignment of a trademark right, and one of the persons misleads consumers on 
the quality of goods or causes confusion re garding the goods of another person by 
using the registered trademark on goods id entical or similar to the designated goods 
of their own registered trademark in acts of unfair competition; 
 
 (x) where, notwithstanding a third party’s use of a collective mark, the owner of the 
collective mark right intentionally misleads consumers on the quality or the geographical origin of goods or causes c onfusion regarding th e goods of another 
person's business by failing to take reasonable measures;  
 
 (xi) where the owner of a registered collective mark for a geographical indication 
prevents a person who conducts the busin ess activities of producing, manufacturing 
or processing designated goods that displa y a geographical indication from joining or 
subscribing to the owner’s association, or where the association’s articles of 
association prescribe conditions for subscripti on that are too difficult for the person to 
fulfill, or where the owner admits to the association a person who is not entitled to 
use the geographical indication; 
  (xii) where the owner of a collective mark fo r a geographical indication or the member of 
the owner’s association use the collective mark in violation of Article 90bis of this 
Act, in a manner that is liable to mislead consumers on the quality of the goods. 
 (2) Deleted. 
 
(3) Where a cancellation trial is requested for the r easons referred to in paragraph (1)(iii) of this 
Article, a cancellation trial may be requested for a part of the designated goods if two or more 
of the designated goods are covered by the registered trademark 
 (4) Where a cancellation trial is requested for the r easons referred to in paragraph (1)(iii) of this 
Article, the owner of the trademark right does not avoid the cancellation of the registration of 
the trademark for the designated goods if the defendant cannot prove that the registered 
trademark has been used in the Republic of Korea within a thr ee-year period before the date 
of the request for a trial on one or more of  the designated goods in the request, unless the 
defendant can provide a justifiable reason fo r failing to use the registered trademark. 
 
(5) The reasons for cancellation referred to in paragr aphs (1)(ii), (iii), (v), (vi), and (viii) to (xii) 
of this Article are not affected even when the facts that give rise to the request for a 
cancellation trial no longer exist after the request for a trial is made. 
 
(6)  A cancellation trial under paragraph (1) of this  Article may be requested only by an interested 
person, except that a trial requested for the reasons  referred to in paragraphs (1)(ii), (v), (vi), 
and (viii) to (xii) of this Article  may be requested by any person. 
 (7)  Where a trial decision ordering the cancellation of a trademark registration has become final, 
the trademark right is extinguished on that date. 
 (8)  Article 71(4) of this Act applies mutatis mutandis  to the request for a trial under 
paragraph (1) of this Article.  
 
  IP/N/1/KOR/T/2/Add.1 
 Page 15 
 
 
 Article 76  Term of Exclusion 
 
(1)  A trial to invalidate a registered trademark, the renewal of the term of a registered trademark 
and the registration of a reclassification of  goods under Articles 7(1)(vi) to (ix bis) and (xiv), 
8, 72(1)(ii) and 72 bis(1)(iii) of this Act may not be requested more than five years after the 
registration date of the trademark, after the re gistration date for renewal of the term of the 
registered trademark or after the registrati on date of the reclassification of goods.  
 (2)  A trial for the cancellation of a trademark regi stration and of the registration of an exclusive 
or nonexclusive license under Articles 73(1)(ii), (v),  (vi), (viii) to (xii) and 74(1) of this Act 
may not be requested more than after years after the date on which the alleged facts have ceased to exist or after the registration date of the reclassification of goods. 
 
 
Article 85  Restriction on the Effects of a Trademark Right Restored by a Retrial 
 
In any of the following cases, the effects of a trademark right do not extend to the good-faith use of a trademark that is identical to the registered trad emark on goods identical to the designated goods and 
acts referred to in Article 66(1)(i), (2)(i), after the decision concerned became final but before the 
request for a retrial has been registered:    (i) where the trademark registration or the registration for renewal of the term of the 
invalidated trademark right has been restored by a retrial; 
  (ii) where the trademark registration that had been cancelled has been restored by a 
retrial; or 
 
 (iii) where a trial decision that a product was outside the scope of the trademark right 
became final, and a decision to the contrary was subsequently made at a retrial. 
  
Article 86 sedecies  Special Provisions on an International Application for Trademark 
Registration 
 
(1)  In applying this Act to an international a pplication for trademark registration, the purport of 
the priority claim, the name of the country in  which the earlier application was filed and the 
filing date of the earlier application recorded in  the International Register are deemed to be 
the purport of the priority claim, the name of the country in which the earlier application was 
filed and the filing date of the earlier applica tion that are indicated in the application for 
trademark registration. 
 
(2)  In applying this Act to an international app lication for trademark registration, the purport of a 
three-dimensional trademark that is recorded in the International Register is deemed to be the 
purport of a three-dimensional trademark i ndicated in the application for trademark 
registration. 
 (3)  A person seeking to register a collectiv e mark shall submit the articles of association 
prescribed in Article 9(3) of this Act with in the period prescribed by ordinance of the 
Ministry of Commerce, Industry and Energy. A person seeking to register a collective mark for a geographical indication under Article 2(1)(iii quater ) of this Act shall submit a document 
in which the purport to register a collective mark for a geographical indication is stated; as prescribed by Presidential Decree, the docum ent should prove that the collective mark IP/N/1/KOR/T/2/Add.1 
Page 16  
 
 complies with the definition of a geographical indication under Article 2(1)(iii bis) of this Act 
as well as with the statutes of association. 
 
Article 86 septiesdecies   Effect of an International Application for Trademark Registration of a 
Domestically Registered Trademark 
 
(1)  Except for trademark registrations resulting from an international application for trademark 
registration, when the holder of a trademark right registered in the Republic of Korea 
(referred to in this Article as "a domestically registered trademark") files an international 
application for trademark registration, the intern ational application is deemed to be filed on 
the filing date of the domestically registered trademark with respect to the overlapping scope 
of designated goods if all the fo llowing conditions are fulfilled:  
  (i) the trademark registered in the Internat ional Register as a result of an international 
application for trademark registration (refe rred to as an "internationally registered 
trademark") is identical to a domestically registered trademark; 
  (ii) the holder of the internationally register ed trademark is identical to the holder of the 
domestically registered trademark; 
  (iii)  all the designated goods listed in the domestically registered trademark are included 
as the designated goods of the internationally registered trademark; and 
  (iv)  territorial extension under Article 3( 3) of the Protocol takes effect after the 
registration date of the domestically registered trademark. 
 
(2)  Where recognition is given to a priority un der the Treaty for an application for trademark 
registration that is related to a domestically registered trademark under paragraph (1) of this Article, the priority is also recognized for an international application for trademark registration 
under the same paragraph. 
 (3)  Where the right of a domestically register ed trademark is cancelled or extinguished under 
either of the following subparagraphs, the effect of the concerned international application for 
trademark registration under paragr aphs (1) and (2) of this Article is not recognized within the 
same scope of the designated goods of the cancelled or extinguished trademark right: 
 
 (i) if a trial decision canceling the tradem ark registration under Article 73(1)(ii), (iii) 
and (v) to (xii) of this Act has become final; or 
 
 (ii) if a trial for the cancellation of a trademark registration is requested under 
Article 73(1)(ii), (iii) and (v) to (xii) of th is Act, and the trademark right has become 
extinguished due to the expiry of the trademark term or to the abandonment of some of the trademark rights or designated goods after the request date of the cancellation 
trial. 
 
 
Article 88  Prohibition of Opening or Carrying Out the Trademark Register and Documents 
Related to an Application for Trademark Re gistration, Examination, Trial or Retrial 
 (1)  Carrying out of the Trademark Register or doc uments related to an a pplication for trademark 
registration, examination, trial or retrial is pr ohibited, unless the documents are related to the 
registration of either a trademark or a collec tive mark for a geogra phical indication or an 
examination and are removed in  accordance w ith Article 22 bis(1) to (3) of this Act.  IP/N/1/KOR/T/2/Add.1 
 Page 17 
 
 
  
(2)  An answer may not be given to a request for an expert opinion, testimony or inquiry regarding 
the contents of an ongoing case involving an  application for trademark registration, 
examination, trial or retrial, or regarding th e contents of a decision to grant or refuse 
trademark registration.  
 
Article 90 bis  Indication of a Registered Homony mous Collective Mark for a Geographical 
Indication 
 
When two or more registered collective marks for a geographical indication are homonymous, the 
owner of each collective mark and the members of each  association may use the registered mark if the 
mark is accompanied by an indication that does not  confuse consumers about the geographical origin. 
 
 
Article 91 bis  Special Provision on a Trademark etc. that is Similar to a  
Registered Trademark 
 (1)  "The registered trademark" referred to in Articles 50, 53, 55(3), 57(2), 62, 67(2), 73(1)(iii) 
and (iv), 85, 90 and 91 of this Act includes trademarks that are similar to a registered trademark; if the colors of a similar trademar k are the same as the colors of the registered 
trademark, the similar trademark is deemed identical to the registered trademark.  
 (2)  "A trademark similar to the registered tradem ark" referred to in Articles 66(1)(i) and 73(1)(ii) 
of this Act does not include trademarks that are similar to a registered trademark if those 
trademarks are deemed identical to the register ed trademark because the colors of the similar 
trademark are the same as the colors of the registered trademark.  
 
(3)  "A trademark that is similar to another pe rson’s registered collective mark for a geographical” 
referred to in Article 66(2)(i) of this Act does not include trademarks that are similar to a 
registered collective mark; if the colors of a si milar trademark are the same as the colors of 
the registered collective mark for a geographical  indication, the similar trademark is deemed 
identical to the registered collective mark for a geographical indication. 
 
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