WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
10 October 2011 
 (11-4906) 
  
Council for Trade-Related Aspects  of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Trademark Act  (related to trademarks as 
well as geographical indications) and the Enforcement Decree of the Trademark Act, as notified by 
the Republic of Korea on 25 October 2010 unde r Article 63.2 of the Agreement (see document 
IP/N/1/KOR/2). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte
1 de la Loi sur les marques (visant les marques de 
fabrique ou de commerce ainsi que les indications géographiques) et du Décret d'application y relatif, 
notifiés par la République de Corée le 25 octobre 20 10 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/KOR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio (relacionada con las marcas de fábrica o de comercio y con las indicaciones geográficas) y 
de su Decreto de aplicación, notificados por la República de Corea el 25 de octubre de 2010 de 
conformidad con el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/KOR/2). 
                                                      
1 In English only/En anglais seulement./En inglés solamente.   
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 3 
 
 
 TRADEMARK ACT 
 
  
CHAPTER I GENERAL PROVISIONS  
Article 1 (Purpose) The purpose of this Act is to contribute to the deve lopment of industry and to protect the interests of 
consumers by maintaining the business reputation of those persons using trademarks through the 
protection of trademarks. 
 
Article 2 (Definitions)  (1) The definitions of terms used in this Act shall be as follows: <Amended by Act No. 5083, 
Dec. 29, 1995; Act No. 5355, Aug. 22, 1997; Act No. 7290, Dec. 31, 2004; Act No. 8190, 
Jan. 3, 2007> 
1. The term "trademark" means any of the following items (hereinafter referred to as a "mark") which 
is used by a person who produces, processes, cer tifies, or sells goods as a business, in order to 
distinguish the goods related to his business from those of other persons: 
(a) Any sign, any letter, any figure, any three-dimensional shape, any color, any hologram, any movement or the combination thereof; and 
(b) Any other items that can be visually recognized; 
2. The term "service mark" means a mark which is used by a person who carries on a service business 
for the purpose of distinguishing his service business from those of others;  
3. The term "collective mark" means a mark which is  intended to be used directly by a corporation 
jointly founded by the persons who produce, manuf acture, process, certify, or sell goods as a business 
or the persons who carry on service business or which is intended to be used with respect to the goods 
or services of members of the corporation who are controlled by it;  3-2. The term "geographical indication" mean s an indication which identifies goods as being 
produced, manufactured, or processed in a region or lo cality where a given quality, reputation or other 
characteristic of the goods is essentially a ttributable to their geographical origin; 
3-3. The term "homonymous geographical indicati on" means a geographical indication which has the 
same sound as another person's geographical indica tion for the same goods, but is different in region 
or locality; 3-4. The term "geographical collective mark" means a collective mark which is intended to be used 
directly by a corporation composed solely of the persons who produce, manufacture, or process goods 
eligible for geographical indication as a business or wh ich is intended to be used with respect to the 
goods of members of the corporation who are controlled by it;  
4. The term "business emblem" means a mark which is used by a person who carries on a non-profit business for the purpose of indicating his business;  5. The term "registered trademark" means a trad emark for which a trademark registration has been 
granted;  6. The term "use of a trademark" means an act falling under any of the following items:  
(a) Indicating a trademark on goods or packages of goods; 
(b) Transferring or delivering goods or packages of  goods on which a trademark is indicated, or 
displaying, exporting or importing them for such purpose;  (c) Indicating a trademark on advertisements  on goods, price lists, transaction documents, 
signboards, or tags and displaying or distributing it. 
 
(2) An act of indicating a trademark on goods, pack ages of goods, advertisemen ts, signboards, or tags 
under paragraph (1) 6 (a) through (c) shall incl ude an act of using goods, packages of goods, 
advertisements, signboards, or tags as shapes  of marks. <Newly Inserted by Act No. 5355, 
Aug. 22, 1997> IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 4 
 
 
 (3) Except as otherwise prescribed by this Act, the provisions of this Act concerning trademarks shall 
apply to service marks, collective marks, and business emblems.  Article 3 (Persons Entitled to Have Trademark Registered)  
Any person who uses or intends to use a trademark in  the Republic of Korea, may be entitled to have 
his trademark registered: Provided, That an employ ee of the Korean Intellectual Property Office or an 
employee of the Intellectual Property Tribunal shall not  have a trademark registered during his tenure 
of office, except in cases of inheritance or be quest. <Amended by Act No. 4895, Jan. 5, 1995> 
 
Article 3-2 (Persons Entitled to Ha ve Collective Mark Registered)  
Any corporation jointly founded by the persons w ho produce, manufacture, process, certify, or sell 
goods as a business or by the persons who carry on service business (in the case of a geographical collective mark, it is limited to a corporation composed solely of the persons who produce, 
manufacture, or process goods eligible for the geographical indication as a business) may be entitled 
to have its collective mark registered. 
[This Article Newly Inserted by Act No. 7290, Dec. 31, 2004]  Article 4 (Persons Entitled to Have Business Emblem Registered)  Any person who carries on a non-profit business in th e Republic of Korea may be entitled to have his 
business emblem registered.  
 
Article 5 (Mutatis Mutandis A pplication of Patent Act)  
The provisions of Articles 3 through 26 and 28 through 28-5 of the Patent Act shall apply mutatis 
mutandis to trademarks. In this case, the term "trial" in Article 3 (2) of the same Act shall be read as 
"objection raised to the trademark registration a nd a trial thereon," the phrase "person who makes a 
request for examination of a patent application" in Article 4 of the same Act shall be read as "person 
who raises an objection to the trademark registration," the phrase "Article 132-3" in Articles 6 and 11 (1) 4 of the same Act and the main sentence of Article 17 of the same Act shall be each read as 
"Article 70-2 or 70-3," the phrase "Article 132-3" in Article 15 (1) of the same Act shall be read as 
"period of amending reasons, etc. for raising an obj ection to the trademark registration pursuant to the 
provisions of Article 26, Article 70-2 or 70-3," and the phrase "patent right and other rights related 
thereto" and the phrase "Article 2 (vii) of the Patent Cooperation Treaty" in the proviso of 
Article 28 (2) of the same Act sha ll be read as "trademark right a nd other rights related thereto" and 
"Article 2 (2) of the Protocol Relating to th e Madrid Agreement Concerning the International 
Registration of Marks (hereinafter referred to as the "Protocol")", respectively. <Amended by Act 
No. 5576, Sep. 23, 1998; Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007> 
 
CHAPTER II REQUIREMENTS AND APPLICATION FOR TRADEMARK REGISTRATION Article 6 (Requirements for Trademark Registration)   (1) A trademark registration may be made, ex cept a case falling under any of the following 
subparagraphs: <Amended by Ac t No. 5355, Aug. 22, 1997> 
1. A trademark consisting solely of a mark indica ting, in a common way, the ordinary name of the 
goods; 2. A trademark used customarily on the goods; 3. A trademark consisting solely of a mark i ndicating in a common way the origin, quality, raw 
materials, efficacy, use, quantity, shape (includi ng shapes of packages), price, producing method, 
processing method, using method 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 indi cating in a common way a common surname or name;  
6. A trademark consisting solely of  a simple and ordinary mark; and IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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 7. A trademark other than those as referred to in subparagraphs 1 through 6, which does not enable 
consumers to recognize whose goods it indicat es in connection with a person's business. 
 (2) Even though it falls under any of paragraph (1 ) 3 through 6, a trademark which is recognized 
remarkably among consumers whose goods it indicat es in connection with his/her business as a result 
of using the trademark before the application fo r trademark registration under Article 9, may be 
registered with any goods using the trademark as  designated goods (referring to the goods designated 
under Articles 10 (1) and 47 (2) 3 and those designated additionally; hereinafter the same shall apply). 
<Amended by Act No. 6414, Feb. 3, 2001> 
 
(3) Even if it falls under paragraph (1) 3 (limited to  the place of origin) or 4, a mark which is 
composed of a geographical indication for speci fic goods may be registered as a geographical 
collective mark with the goods using the geogr aphical indication as designated goods. <Newly 
Inserted by Act No. 7290, Dec. 31, 2004> 
 
Article 7 (Unregistrable Trademark)   (1) Notwithstanding Article 6, a trademark falling un der any of the following subparagraphs shall be 
unregistrable: <Amended by Act No. 4597, Dec. 10, 1993; Act No. 5355, Aug. 22, 1997; Act 
No. 6414, Feb. 3, 2001; Act No. 7290, Dec. 31, 2004; Act No. 8190, Jan. 3, 2007; Act No. 9987, 
Jan. 27, 2010>  
1. Trademarks which are identical or similar to th e national flag, the national emblem, colors, medals, 
decorations or badges of the Republic of Korea or seals or signs used for indicating supervision or 
certification by the Republic of Korea or public institutions; 1-2. Trademarks which are identical or similar to  the national flags of allied nations of the Paris 
Convention for the Protection of Industrial Proper ty (hereinafter referred to as the "Paris 
Convention"), member nations of the World Trade Organization, or contracting parties to the Trademark Law Treaty (hereafter referred to as "allied nations, etc." in this paragraph); 
1-3. Trademarks which are identical or similar to  the titles, abbreviated names or marks of the Red 
Cross, the International Olympic Committee, or re nowned international organi zations: Provided, That 
where the Red Cross, the International Olympic Co mmittee, or renowned inte rnational organizations 
have applied for trademark registration of its ti tle, abbreviated name or mark, the same shall not 
apply; 1-4. Trademarks which are identical or similar to armorial bearings, flags, medals, decorations or 
badges of allied nations, etc. designated by the Commissioner of the Korean Intellectual Property 
Office after being notified from the World Intellectua l Property Organization under Article 6-3 of the 
Paris Convention or to titles, abbreviated names, armorial bearings, flags, medals, decorations or 
badges of inter-governmental international organizati ons in which allied nations, etc. join: Provided, 
That where an inter-governmental international organization in which an allied nation or allied 
nations, etc. join applies for trademark registration of its title, abbreviated name (limited to an inter-
governmental international organization in which allie d nations, etc. join) or mark, the same shall not 
apply; 
1-5. Trademarks which are identical or similar to seals or signs used for indicating supervision or 
certification by allied nations, etc. designated by  the Commissioner of the Korean Intellectual 
Property Office after being notified from the Wo rld Intellectual Property Organization under 
Article 6-3 of the Paris Convention or their public organizations and used for the goods identical or 
similar to those for which such seals or signs are used; 
2. Trademarks which falsely indicate a connecti on with a State, race, ethnic group, public 
organization, religion or famous d eceased person, or which criticize, insult or are liable to defame 
them;  3. Trademarks which are identical or similar to famous marks indicating a non-profit business of the 
State, a public organization or its agencies or publ ic corporations, or indicating non-profit public IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 6 
 
 
 services: Provided, That this shall not apply where the State, public organization or its agencies or 
public corporations, or the body of non-profit public  services, applies for trademark registration of 
such marks;  4. Where the trademark itself or the trademark is u sed for any goods, the meaning and contents, etc. of 
such trademark conveyed to consumers, are feared to  be contrary to the virtuous customs that are 
deemed the prevailing moral sense of the ordina ry people or to contravene public order; 
5. Trademarks comprising of a mark which is identical or similar to, a medal, certificate of merit or decoration awarded at an exhibition held by or wi th approval of the Government of the Republic of 
Korea or at an exhibition held by or with approva l of the government of a foreign country: Provided, 
That this shall not apply where a person who has been awarded a medal, certificate of merit or 
decoration has used it as a part of his trademark on the same goods for which such medal, certificate 
of merit or decoration was awarded at the exhibition;  6. Trademarks containing the name, title or trade na me, portrait, signature or  seal, famous pseudonym, 
professional name or pen name of well-known other persons, or an abbreviation thereof: Provided, 
That this shall not apply where the consent of the person concerned has been obtained;  
7. Trademarks which are identical with or similar to another person's regist ered trademark (excluding 
any registered geographical collective mark), th e registration of which was made by an earlier 
application, and which are to be used on goods id entical with or similar to the designated goods;  
7-2. Trademarks which are identical with or si milar to other person's registered geographical 
collective mark, the registration of which was made by an earlier application, and which are to be 
used on goods identical with the designated goods;  
8. Trademarks identical with or similar to a nother person's registered trademark (excluding any 
registered geographical collective mark), where one year has not elapsed since the date of 
extinguishment of the trademark right (in cases of a trial decision invalidating the trademark registration, the date when the trial decision became final and binding) and which are to be used on 
goods identical with or similar to the designated goods;  
8-2. Trademarks identical with or similar to anot her person's registered geographical collective mark, 
where one year has not elapsed since the date of extinguishment of the geographical collective mark 
right (in cases of a trial decision invalidating the coll ective mark registration, the date when the trial 
decision became final and binding) and which are to be used on goods identical with the designated 
goods; 
9. Trademarks which are identical with or sim ilar to another person's trademark (excluding any 
geographical indication) which is  well known among consumers as i ndicating the goods of that other 
person and which are to be used on goods identical with or similar to such goods;  9-2. Trademarks which are identical with or sim ilar to another person's geographical indication which 
is well known among consumers as indicating the goods  of a specific region or locality and which are 
to be used on goods identical with the go ods using such geographical indication;  
10. Trademarks which are liable to cause confusi on with goods or services of another person because 
the trademark is recognized among consumers as desi gnating the goods or services of the person;  
11. Trademarks which are liable to mislead or decei ve consumers as to the quality of the goods;  
12. Trademarks which are identical or simila r to any trademark (excluding any geographical 
indication) which is recognized as indicating the goods  of a particular person by customers in the 
inside or outside of the Republic of Korea, and which are used for unjust purposes, such as obtaining 
unjust profits or inflicting harm s on the particular person;  
12-2. Trademarks which are identical or similar to  a geographical indication which is recognized as 
indicating the goods of a specific region or locality by customers in the inside or outside of the Republic of Korea, and which are used for unjus t purposes, such as obtaining unjust profits or 
inflicting harms on the person entitled to use such geographical indication;  
13. Trademarks consisting solely of three-dimensio nal shapes, color or the combination of colors 
essential to secure the functions of goods requiri ng trademark registration or their packaging;  
14. Trademarks consisting of geogra phical indications or including such indications with regard to the 
origin of wines or spirits in a member nation of the World Trade Organization, and which are used in IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 7 
 
 
 connection with wines, spirits, or other similar goods: Provided, That where the persons entitled to 
use the geographical indications make an applicati on for geographical collective mark registration of 
the goods concerned as designated goods under Article 9 (3), the same shall not apply; 
15. Trademarks which are identical or similar to variety denominations regi stered under Article 111 of 
the Seed Industry Act and used for goods identi cal or similar to such variety denominations.  
 (2) Even if a trademark falls under any of paragra ph (1) 6, 9, 9-2, and 10, unless it falls thereunder 
(excluding the matters concerning whether the applic ant for the trademark registration falls under any 
other person provided for in the relevant provisi ons) at the time of the application for trademark 
registration, the related provisions shall not appl y. <Amended by Act No. 7290, Dec. 31, 2004; Act 
No. 8190, Jan. 3, 2007>  (3) Paragraph (1) 7, 7-2, 8, and 8- 2 shall apply to a trademark which fa lls thereunder at the time of the 
application for trademark registration: Provided, Th at with respect to whet her the applicant for the 
trademark registration (hereinafter referred to as "a pplicant") falls under any other person provided for 
in the relevant provisions shall not  be determined on the base of the time when the application is filed 
for the trademark registration. <Amended by  Act No. 5355, Aug. 22, 1997; Act No. 7290, 
Dec. 31, 2004; Act No. 8190, Jan. 3, 2007; Act No. 9987, Jan. 27, 2010> <The part concerning Article 7 (1) 7 of the expr ession "even in cases where the registered trademark 
of any other person shall be nullifie d under Article 71 (3), it shall be deemed to fall thereunder" in the 
main sentence of this paragraph shall lose its va lidity, pursuant to the decision of unconstitutionality 
by the Constitutional Court made on April 30, 2009>  (4) Paragraph (1) 8 and 8-2 shall not apply to  any case falling under any of the following cases: 
<Amended by Act No. 4597, Dec. 10, 1993; Act No. 5355, Aug. 22, 1997; Act No. 7290, 
Dec. 31, 2004; Act No. 8190, Jan. 3, 2007; Act No. 9987, Jan. 27, 2010> 
1. Where a registered trademark has not been used for not less than one year retrospectively after the 
trademark right became invalid; 2. Where an appropriate applicant makes an appli cation for a trademark registration, after a trial 
decision on invalidation or cancellation becomes final and binding by reason that a registered trademark is inconsistent with para graph (1) 6, 9, 9-2, 10, 11, 12, a nd 12-2 of this Article or Article 8 
or 73 (1) 7; 
3. Where an application for trademark registration is made after the period of six months under the 
proviso to Article 43 (2) expires without any appli cation for registration of renewal of term for the 
right to the registered trademark;  4. Where the applicant for cancellation trial files an application for the registration of his/her 
trademark pursuant to Article 8 (5) and (6); 
5. Where in the case that falls under any of the subp aragraphs of Article 8 (5), the applicant for the 
registration of his/her trademark is found to exist after the lapse of the period during which the applicant for the cancellation trial is eligible to ha ve his trademark registered pursuant to the same 
paragraph.  
(5) Where an application for the trial on the cancellation of trademark registration is filed on the 
grounds that it falls under Article 73 (1) 2, 3, and 5 through 12, and where any of the following 
subparagraphs applies after the date of the filing of  application, an owner of trademark right and any 
other person using the trademark may not have a trademark identical with or similar to an 
extinguished registered trademark registered for goods identical with or similar to the designated 
goods (in the case of a geographical collective mark , they are limited to goods identical with the 
designated goods) unless they make an application fo r trademark registration after the elapse of three 
years from the date on which any of the follo wing subparagraphs app lies: <Amended by Act 
No. 5355, Aug. 22, 1997; Act No. 7290, Dec. 31, 2004> 1. Where a trademark right is extinguished due to the expiration of the term; IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 8 
 
 
 2. Where an owner of trademark right abandons some of trademark rights or designated goods; 
3. Where a trial decision on the cancellation of  trademark registration becomes final binding. 
 (6) The provisions of paragraph (1) 7-2, 8-2,  and 9-2 shall not apply between homonymous 
geographical collective marks. <Newly Inserted by Act No. 7290, Dec. 31, 2004> 
 Article 8 (First-to-File Rule)   (1) If two or more applications for a trademark regi stration are filed on different days with respect to 
the same or similar trademark to be used on the same or similar goods, only one person who files an 
application earlier than others, shall be entitled to have the trademark registered. 
 (2) If two or more applications for a trademark regi stration 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 applicants shall be entitled to have the trademark registered. If they fail to reach any 
agreement, or they are unable to do so, only one applicant determined by lot drawn by the 
Commissioner of the Korean Intellectual Property Office shall be entitled to have the trademark 
registered.  (3) If an application for a trademark registration is  abandoned, withdrawn or invalidated, or a decision 
or trial decision to refuse trademark registration b ecomes final and binding, the application shall, in 
application of paragraphs (1) a nd (2), be considered not to have existed from the beginning. 
<Amended by Act No. 6414, Feb. 3, 2001>  (4) In case of paragraph (2), the Commissioner of the Korean Intellectual Property Office shall order 
an applicant to report the result of agreement in a fi xed period, and if no report is made in such period, 
the agreement under paragraph (2) shall be  considered not to have been made. 
 (5) Where the trial on cancellation of trademark regist ration is requested on the grounds that it falls 
under Article 73 (1) 3, and where any of the followi ng subparagraphs applies after the date of such 
request, only the person who requests the trial of can cellation may file an application for trademark 
registration for 6 months from the date (in the case of  sub-paragraph 3, when a trial decision on the 
cancellation of the trademark registration becomes fina l and binding on the grounds that the lawsuit is 
withdrawn or the appeal is withdrawn after the laws uit has been filed against a trial decision on the 
cancellation of the trademark registration, refers to  the date on which such lawsuit is withdrawn or 
such appeal is withdrawn) on which any of th e following subparagraphs falls and may have a 
trademark identical with or similar to extinguished registered trademark regist ered for goods identical 
with or similar to such designated goods: <Amende d by Act No. 5355, Aug. 22, 1997; Act No. 8190, 
Jan. 3, 2007> 1. Where the period under the proviso of Article 43 (2) expires; 2. Where an owner of trademark right abandons some of trademark rights or designated goods;  
3. Where a trial decision on the cancellation of registration of trademarks becomes final and binding. 
 
(6) In cases where a trial on cancellation of a register ed trademark is requested on the grounds that the 
registered trademark falls under Article 73 (1) 3 and an  application is filed for trademark registration, 
which falls under any of the following subparagraphs , after the date on which such request is made, 
only the person requesting a trial on cancellation of th e registered trademark is eligible to have his 
trademark registered: <Newly Inserted by Act No. 8190, Jan. 3, 2007> 
1. Where the registered trademark for which a cancel lation trial is requested is extinguished after the 
expiration of its term and an applica tion is filed for the registration of the trademark that is identical or 
similar to the extinguished trademark and the goods that are identical or similar to the designated 
goods during the period provided for in the provi sions of the proviso of Article 43 (2);  IP/N/1/KOR/G/1 
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 2. Where a trial decision on the cancellation of the trademark registration becomes final and binding 
on the grounds that the lawsuit is withdrawn or the appeal is withdrawn after a lawsuit is filed on the 
trial decision on the cancellation of the trademark registration and the registered trademark the cancellation trial therefor is filed, application is filed for the registration of the trademark that is 
identical or similar to the extinguished trademark and the goods that are identical or similar to the 
designated goods during the period from the date on  which the cancellation trial decision becomes 
final and binding to the date on which the lawsuit is withdrawn or the appeal is withdrawn.  
 (7) The provisions of paragraphs (1) and (2) shall not apply to th e following cases: <Newly Inserted 
by Act No. 7290, Dec. 31, 2004> 
1. Where two or more applications for geographical  collective mark registration or for geographical 
collective mark registration and trademark registration are filed with respect to the same or similar marks to be used on the goods which are not identical;  2. Where two or more applications for registrati on of geographical collective marks which fall within 
homonymous geographical indications are filed. 
 (8) The provisions of paragraph (5) shall not a pply to the following cases: <Newly Inserted by Act 
No. 7290, Dec. 31, 2004> 1. Where an application for registration of a trademark is filed with respect to a mark identical with or 
similar to an extinguished registered geographical collective mark, which is to be used on the goods 
not identical with the designated goods;  
2. Where an application for registration of a geographical collective mark which has homonymous 
relation to an extinguished registered geographical collective mark is filed.  Article 9 (Application for Trademark Registration)  
 
(1) Any person intending to have a trademark regi stered shall submit, to the Commissioner of the 
Korean Intellectual Property Office, an application for trademark registration specifying the following 
matters: <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5083, Dec. 29, 1995; Act No. 6414, 
Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 1. The name and address of an applicant for trademar k registration (if the applicant is a corporation, 
its title and place of business);  
2. The name, address, or place of business, if any, of an agent (if the agent is a patent corporation, its 
title and place of office and the name of its designated patent attorney);  3. The trademark; 4. The designated goods and the classified list thereof;  
5. Matters prescribed by Article 20 (3) (limited to a case where he intends to make a priority claim);  
6. Deleted; <by Act No. 6414, Feb. 3, 2001> 7. Matters prescribed by Ordinance of the Ministry of Knowledge Economy.  
 (2) In cases where the trademark for which it is in tended to obtain the registration is composed of 
solid shape, color, hologram, motion, and other visu ally identifiable things, the purports thereof shall 
be entered in a written application filed for its registration, as prescribed by Ordinance of the Ministry 
of Knowledge Economy. <Amended by Act No. 8190,  Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> 
 (3) Any person who intends to have a collective ma rk registered, shall file an application for 
collective mark registration, together with the ar ticles of association which determine the matters 
concerning the use of the collective mark as prescrib ed by Presidential Decree, in addition to matters 
as referred to in subparagraphs of paragraph (1).  In such cases, a person who intends to have a 
geographical collective mark under Article 2 (1) 3- 4 registered shall stat e such purport in the 
application for collective mark registration and su bmit it together with the documents, as prescribed IP/N/1/KOR/G/1 
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 by Presidential Decree, attesting to the fact th at it conforms to the definition of geographical 
indication under Article 2 (1) 3-2. <Ame nded by Act No. 7290, Dec. 31, 2004> 
 (4) Any person who intends to have a business embl em registered, shall file an application for 
business emblem registration together with docum ents proving the operation of the business in 
addition to matters as referred to in subparagraphs of paragraph (1). 
 Article 9-2 (Recognition, etc. of Filing Date)   
(1) The Commissioner of the Korean Intellectual Pr operty Office shall recognize the date on which an 
application for trademark registration is received by the Korean Intellectual Property Office as the 
filing date of application for trademark registrati on except in cases falling under any of the following 
subparagraphs:  1. Where the reason for seeking to obtain a trademark registration is not clearly stated; 
2. Where the name or the title of the applicant is not indicated, or where the indication of the applicant 
is not clearly specified;  3. Where the trademark for which registration is bei ng sought is not indicated in the application or 
where the indication is not clearly discernable;  4. Where the designated goods are not indicated;  5. Where the application is not filed in the Korean language.  
 
(2) Where an application for trademark registra tion falls under any of the subparagraphs of 
paragraph (1), the Commissioner of the Korean In tellectual Property Office shall designate a time 
limit, and order a person intending to obtain a trad emark registration to supplement the application 
within such time limit. 
 
(3) Where a person supplements an application for trademark registration pursuant to the order to 
supplement under paragraph (2), he shall submit a document concerning the supplement of procedure 
(hereinafter referred to as a "document of procedure supplement").   (4) Where a person who has received an order to supplement under paragraph (2) has done so within 
the designated time limit, the Comm issioner of the Korean Intellectua l Property Office shall recognize 
the date on which a document of procedure suppl ement was received by the Korean Intellectual 
Property Office as the filing date of application for trademark registration.   (5) Where a person who has received an order to  supplement under paragraph (2) has not done so 
within the designated time limit, the Commissioner of the Korean Intellectual Property Office may 
return the application for trademark registration on the ground that the application is defective.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 10 (One Application for One Trademark)   
(1) Any person who intends to make an application for a trademark registration, shall designate one 
category or more of goods in the classification of good s as prescribed by Ordinance of the Ministry of 
Knowledge Economy, and apply for each trademark. In such cases, the goods and the service business 
may be simultaneously designated in a single writte n application as prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5083, 
Dec. 29, 1995; Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007; 
Act No. 8852, Feb. 29, 2008>  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 11 
 
 
 (2) Specific goods that are subject to the classificati on of the goods referred to in paragraph (1) shall 
be determined and published by the Commissione r of the Korean Intellectual Property Office. 
<Newly Inserted by Act No. 8190, Jan. 3, 2007>  
(3) The classification of goods as referred to in paragr aph (1) shall not be cons trued to limit the extent 
of similarity of the goods.   Article 11 Deleted. <by Act No. 5355, Aug. 22, 1997>  
Article 12 (Succession to and Divided Transfer, etc. of Application) 
 (1) No succession to an application for trademark registration shall take effect unless an applicant 
makes a notice of change of applicant, except in  cases of inheritance and other general succession. 
<Amended by Act No. 6414, Feb. 3, 2001> 
 
(2) Any application for trademark registration may be transferred with each kind of designated goods 
divided. In such cases, the similar design ated goods shall be transferred en bloc. 
 (3) Deleted. <by Act No. 5355, Aug. 22, 1997>  
(4) If any application for trademark registration is  inherited or succeeded in general, the successor 
shall report it without delay to the Commissioner of the Korean Intellectual Property Office.  (5) If an application for trademark regi stration is owned jointly, each joint  
owner may not transfer his/her share without the co nsent of all of the other joint owners. <Amended 
by Act No. 5355, Aug. 22, 1997> 
 (6) Any application for trademark registration transf erred as divided one under paragraph (2), shall be 
considered to have been filed at the time the orig inal application for trademark registration was filed: 
Provided, That this shall not apply to cases wher e Article 20 (3) and (4) or 21 (2) is applied. 
 
(7) Any application for business emblem registration sh all be inalienable: Provided, That this shall not 
apply to cases where it is transferred together with the business.  (8) Any application for trademark registration under the provisos to Article 7 (1) 1-3, 1-4 and 3 shall be inalienable: Provided, That th is shall not apply to cases where it is  transferred together with the 
business related to the titles, abbreviated names or  marks under Article 7 (1) 1-3, 1-4 and 3. 
<Amended by Act No. 9987, Jan. 27, 2010>   (9) Any application for collective mark registration sh all not be transferred: Provided, That in case of 
a merger of corporations, it may be transferred with the permission of the Commissioner of the 
Korean Intellectual Property Office.  
 
Article 13 (Correction of Procedure) Where any application, request, or other procedure for a trademark falls under any of the following subparagraphs, the Commissioner of the Korean Intell ectual Property Office or the President of the 
Intellectual Property Tribunal shall order an appli cant to correct it within a fixed period: <Amended 
by Act No. 6414, Feb. 3, 2001; Act No. 6765, Dec. 11, 2002; Act No. 8190, Jan. 3, 2007> 
1. Where it is in contravention of Article 3 (1) or  6 of the Patent Act which is applicable mutatis 
mutandis under Article 5 of this Act; 2. Where it is contrary to the form as determined  by this Act or an order issued under this Act;  
3. Where any fee to be paid under Article 37 is not paid. IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 12 
 
 
  
Article 14 (Amendments before Decision to Publish Application)  (1) Except as provided in Article 15, any appli cant may make amendments to the designated goods 
and the trademark as to an application for trademark registration to the extent that the essentials of the 
initial application for trademark registration are not modified.  (2) No amendments under paragraph (1) may be made after either of the notification of decision to 
grant or refuse a trademark registration (hereinaft er referred to as "decision to grant or refuse a 
trademark registration") is transmitted: Provided, Th at if a trial is requested against a decision of 
refusal under Article 70-2, the amendments may be made within thirty days from such request was 
made, or within the period for submitting an argumen t under Article 23 (2), 46-4 (2) or 48 (2) which 
is applicable mutatis mutandis under Article 81. <Amended by Act No. 4597, Dec. 10, 1993; Act 
No. 5329, Jan. 5, 1995; Act No. 6414, Feb. 3, 2001; Act No. 9987, Jan. 27, 2010> 
 
Article 15 (Amendments after Decision to Publish Application)  Where an applicant, after the delivery of a certified copy of decision to publish an application under 
Article 24, receives a notification of the grounds for refusal under Articles 23 (2) and 48 (2), or raises 
an objection against the trademark registration under Article 25, or where an applicant, after the 
decision to refuse a trademark registration under Ar ticle 23 (1) and decision to refuse an additional 
registration of designated goods under Article 48 (1),  requests a trial on the decision of refusal under 
Article 70-2, he may make amendments to the desi gnated goods and the trademark to the extent that 
the essentials of the first application for  trademark registration are not modified as to matters specified in the grounds for the refusal, objection, or decision to refuse a trademark re gistration and decision to refuse an additional 
registration of designated goods, within the period falling under any of the following subparagraphs: 
<Amended by Act No. 4895, Jan. 5, 1995; Act No. 6414, Feb. 3, 2001> 1. The period in which an argument is submitted under Article 23 (2) or 48 (2); 
2. The period in which a written res ponse is submitted under Article 27 (1);  
3. Thirty days from the day on which a trial on the de cision of refusal is requested under Article 70-2. 
 
Article 16 (Change in Essen tials of Application) 
 (1) If any amendments as prescribed by Artic les 14 and 15 fall under any of the following 
subparagraphs, the essentials of application for tradem ark registration shall be considered not to be 
changed: 
1. Reduction of the scope of designated goods; 
2. Rectification of any clerical error; 3. Explanation of any obscure entry;  4. Deletion of part of any supplementary note in the trademark.  (2) If any amendment of a trademark or designate d goods concerning an application for trademark 
registration made before the delivery of a certified copy of the decision to publish an application is 
recognized to have modified the essentials after th e registration of the establishment of a trademark 
right, the application for trademark registration sha ll be deemed to have been made at the time the 
written amendment thereof is submitted. <A mended by Act No. 5329, Apr. 10, 1997> 
 
(3) If any amendment of a trademark or designate d goods concerning an application for trademark 
registration made after the delivery of a certified co py of the decision to publish an application is 
recognized to have violated Article 15 after the re gistration of the establishment of a trademark right, 
the trademark right relating to the application for tr ademark registration which is not amended shall be 
deemed established and regi stered. <Newly Inserted by Act No. 5329, Apr. 10, 1997> IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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Article 17 (Dismissal of Amendment)  (1) If any amendment as prescribed by Article 14 as to an application for trademark registration 
modifies the essentials of the application, an ex aminer shall dismiss the amendment by a ruling. 
 (2) Upon a ruling of dismissal under paragraph (1), an  examiner shall not make a decision to grant or 
refuse a trademark registration on the application fo r trademark registration until thirty days expire 
from the date a certified copy of the decision is serve d, and, if any ruling of dismissal is made under 
paragraph (1) before the publication of the applicati on is decided, the examiner shall not decide to 
publish the application. <Amended by Act No. 6414, Feb. 3, 2001>  (3) If any applicant requests a trial on a ruling to dismiss an amendment under Article 70-3 on a ruling 
to dismiss an amendment under paragraph (1), an  examiner shall suspend the examination of 
application for trademark registra tion until the trial decision becomes final and binding. <Amended by 
Act No. 4895, Jan. 5, 1995>  (4) If any amendment as prescribed by Article 15 as to an application for trademark registration 
modifies the essentials of the application, an exam iner shall dismiss such amendment by a ruling. 
 
(5) The ruling of dismissal as referred to in paragr aphs (1) and (4) shall be made in writing with the 
reason thereof specified.  (6) No ruling of dismissal under paragraph (4) shall be  disobeyed: Provided, That this shall not apply 
in cases of a request for trial on a decision of re fusal under Article 70-2. <Amended by Act No. 4895, 
Jan. 5, 1995; Act No. 6414, Feb. 3, 2001> 
 Article 17-2 (Submission of Corrected Articles of Association) When it is needed to correct the ar ticles of association referred to in Article 9 (3), an applicant for a 
collective mark registration concerned may su bmit corrected articles of association to the 
Commissioner of the Korean Intellectual Property Offi ce within the period set in Article 14 (2) or 15. 
[This Article Newly Inserted by Act No. 7290, Dec. 31, 2004] 
 Article 18 (Division of Application)  (1) Where an applicant makes an application for trademark registration of two goods or more as 
designated goods, the application for trademark regist ration may be divided into two or more within 
the period during which the amendments under Artic les 14 and 15 may be made. <Amended by Act 
No. 5355, Aug. 22, 1997>  (2) Where an application for trademark registra tion is divided into two or more pursuant to 
paragraph (1) (hereinafter referred to as "divisional application"), the divisional application shall be 
deemed filed when the initial application for the tr ademark registration is file d: Provided, That, this 
shall not apply to cases where Article 20 (3) and (4) or 21 (2) is applied. <Amended by Act No. 8190, 
Jan. 3, 2007>  Article 19 (Conversion of Application) 
 
(1) Any applicant who files an application falli ng under any of the following subparagraphs may 
convert such application into any other applicati on falling under any of the following subparagraphs: 
1. The application for registering the trademark;  2. The application for registering the service mark;  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 14 
 
 
 3. The application for registering the collective ma rk (excluding the application for registering the 
collective mark showing any geographical indication).  (2) Any applicant who has filed an application for additional registration of designated goods may 
convert such application into an application for tr ademark registration: Provided, That the same shall 
not apply to cases where an invalidation trial or cancellation trial is requested in relation to a 
registered trademark that provides the basis for f iling an application for additionally registering the 
designated goods or where the registered trademark is extinguished by an invalidation trial, cancellation trial, etc. <Amended by Act No. 9987, Jan. 27, 2010> 
 
(3) In cases of an application converted under para graph (1) or (2) (hereinafter referred to as 
"converted application"), such converted application shall be deemed filed at the time when an initial 
application is filed as specified in any subparagraph of paragraph (1) or in paragraph (2): Provided, 
That the same shall not apply to cases where Artic le 20 (3) and (4) or 21 (2) is applied thereto. 
<Amended by Act No. 9987, Jan. 27, 2010> 
 (4) No conversion of application pursuant to paragra phs (1) and (2) shall be made after a decision to 
grant or refuse a registration as applied for by an initial application as specified in any subparagraph 
of paragraph (1) or in paragraph (2) or a trial d ecision thereon becomes final and binding. <Amended 
by Act No. 9987, Jan. 27, 2010> 
 
(5) In cases of a converted application, the initial a pplication filed as specified in any subparagraph of 
paragraph (1) or in paragraph (2) shall be deemed withdrawn. <Amended by Act No. 9987, 
Jan. 27, 2010> [This Article Wholly Amended by Act No. 8190, Jan. 3, 2007] 
 
Article 20 (Priority Claim under Treaty)  (1) Where a citizen of a State party which recogni zes the priority of any application for trademark 
registration by a citizen of the Republic of Korea by virtue of a treaty and its equivalents (hereinafter 
referred to as "treaty"), files an application for trademark registration in the State party or another 
State party and thereafter files an application for tr ademark registration of the same trademark in the 
Republic of Korea and claims the priority thereof, the date on which the application was filed in the 
State party shall, in application of Article 8, be deemed the date on which the application for 
trademark registration is filed in the Republic of Korea. The same shall also apply in cases where a 
citizen of the Republic of Korea files an application for trademark registration in a State party which 
recognizes the priority of any application for trademark registration by a citizen of the Republic of 
Korea by virtue of a treaty and thereafter files an application for trademark registration of the same trademark in the Republic of Korea.  (2) Any person who intends to claim priority unde r paragraph (1) may not claim priority unless the 
person files an application within six months after the date of the initial application which would be 
the basis of the priority claim. 
 (3) Any person who intends to claim priority under pa ragraph (1) shall specify the purport, the name 
of the country in which the application was initially f iled, and the filing date of the application in the 
application for trademark registration at the time of filing the application. 
 
(4) Any person who claims priority under paragr aph (3) shall submit to the Commissioner of the 
Korean Intellectual Property Office the certified copies of documents indicating the date of the application for trademark registration recognized by the government of the country in which the initial IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 15 
 
 
 application is filed, trademark, and designated goods within three months after the filing date of the 
application for trademark registration.  (5) If a person who claims priority under paragraph (3) fails to submit the documents referred to in 
paragraph (4) within the period refe rred to in paragraph (4), the prio rity claim shall lose its effect. 
 Article 21 (Special Cases upon Application)  (1) Where any person who is entitled to have a trademark registered, files an application for 
registration of a trademark used on the goods as sent  to any of the following exhibition, with the 
goods designated as the designated goods within six months from the date of displaying them, the 
application for trademark registration shall be consider ed to have been filed at the time of display: 
1. An exhibition to be held by the Government or a local government; 2. An exhibition to be held by a person who is au thorized by the Government or a local government; 
3. An exhibition to be held abroad with the approval of the Government;  
4. An international exhibition to be held by the government of a State party to a treaty or by any 
person who is authorized by such government in the territory of the State party.  (2) Any person who desires to be governed by th e provisions of paragraph (1) shall submit an 
application for trademark registration stating su ch purport to the Commissioner of the Korean 
Intellectual Property Office and submit a document provi ng the relevant facts to the Commissioner of 
the Korean Intellectual Property Office within 30  days from the filing date of application for 
trademark registration. <Amended by Act No. 10358, Jun. 8, 2010>  CHAPTER III EXAMINATION  
Article 22 (Examination by Examiner)  
 (1) The Commissioner of the Korean Intellectua l Property Office shall have applications for 
trademark registration and objection to trademark registration examined by examiners.   (2) The necessary matters regarding qualifications fo r examiners shall be prescribed by Presidential 
Decree.  
 (3) Where an application for trademark registration is deemed to fall under a ny of the subparagraphs 
of Article 23 (1), any person may inform the Commis sioner of the Korean Intellectual Property Office 
of such fact, together with the evidence suppor ting it. <Amended by Act No. 5355, Aug. 22, 1997> 
 
Article 22-2 (Request, etc. for Inspection of Trademark by Specialized Search Agency)  
 (1) The Commissioner of the Korean Intellectual Pr operty Office may designate a specialized search 
agency and request it to search trademarks where it is deemed necessary for the examination for an 
application of trademark registration. <Amended by Act No. 6414, Feb. 3, 2001; Act No. 8190, 
Jan. 3, 2007> 
 (2) The Commissioner of the Korean Intellectual Property Office may request assistance or hear 
opinions from the relevant administrative authoriti es, persons with vast knowledge and experience in 
trademarks, or interested parties, where it is deem ed necessary for the examin ation of an application 
for trademark registration.  
 (3) Where an application for registration of a geogr aphical collective mark is filed with respect to 
items entitled for registration of geographical indication under the Agricultural Products Quality Control Act or the Quality Control of Fishery Products Act, the Commissioner of the Korean IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 16 
 
 
 Intellectual Property Office shall hear opinions from the Minister of Food, Agriculture, Forestry and 
Fisheries about whether it falls under geographical indication. <Newly Inserted by Act No. 7290, Dec. 31, 2004; Act No. 8190, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>  
(4) Necessary matters concerning standards for d esignating specialized search agencies and the 
request for the search of trademarks pursuant to paragraph (1) shall be prescribed by Presidential 
Decree. <Amended by Act No. 8190, Jan. 3, 2007> [This Article Newly Inserted by Act No. 5355, Aug. 22, 1997]  
Article 22-3 (Revocation, etc. of Designation of Specialized Search Agency)  
 
(1) Where any specialized search ag ency provided for in the provisi ons of Article 22-2 (1) falls under 
subparagraph 1, the Commissioner of the Korean Intellectual Property Office shall revoke the 
designation thereof and where any specialized sear ch agency falls under subparagraph 2, he may 
revoke the designation thereof or order the specialized  search agency to suspen d its work for a fixed 
period of not more than 6 months: 1. Where the specialized search agency has obtained its designation by fraud or other illegal means; 
2. Where the specialized search agency is not in  conformity with the designation standards provided 
for in Article 22-2 (4).   
(2) The Commissioner of the Korean Intellectual Prope rty Office shall, when he/she intends to revoke 
the designation of any specialized search agency pursuant to paragraph (1), hold a public hearing 
thereon.  (3) Standards for revoking the designations of speci alized search agencies pursuant to paragraph (1) 
and suspending their works as well as other necessary matters shall be prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amende d by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 8190, Jan. 3, 2007]  Article 22-4 (Order of Examinations and Accelerated Examinations)   
(1) The examination of applications for trademar k registration shall be made in the order the 
applications are filed.  (2) The Commissioner of the Korean Intellectual Prope rty Office may have an examiner examine an 
application for trademark registration falling under any of the following subparagraphs before other 
applications, notwithsta nding paragraph (1):  
1. Where a person, other than an applicant, is de emed using, as a business, a trademark identical or 
similar to that, the application of trademark regi stration of which is filed, for designated goods 
identical or similar thereto without reasonable ground s, after the application for trademark registration 
is filed; 2. Applications for trademark registration prescribed by Presidential Decree which are deemed 
requiring urgent disposal, including cases where an a pplicant for the trademark registration is using 
the trademark, the application of trademark registra tion of which was filed, for all of the designated 
goods. [This Article Newly Inserted by Act No. 9987, Jan. 27, 2010]  
Article 23 (Decision to Refuse Trademark Registra tion and Notification of Grounds for Refusal)  
 (1) Where an application for trademark registrati on falls under any of the following subparagraphs, an 
examiner shall make a decision to refuse trademark registration with respect to such application: IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 17 
 
 
 <Amended by Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001; Act No. 7290, 
Dec. 31, 2004; Act No. 8190, Jan. 3, 2007> 1. Where a trademark is not registerable under Artic les 3 (proviso), 6 through 8, and 10 (1), the latter 
part of Article 12 (2), and Article 12 (5), (7) throu gh (9) of this Act, or Article 25 of the Patent Act 
applied mutatis mutandis under Article 5 of this Act; 
2. Where a trademark is in violation of the provisions of a treaty;  3. Where a trademark is identical, or similar to a tr ademark registered in the territory of a State party 
to a treaty and has been filed by a person who is or was an agent or a representative of the owner of the trademark, within one year prior to the filin g date, without such owner's authorization, for 
designated goods which are identical, or similar to the designated goods c overed by the owner's 
trademark: Provided, That this shall apply only wh ere an objection to trademark registration has been 
filed or information has been furnishe d under Article 22 (3) by the owner;  
4. Where a trademark is not in agreement with the definition of the mark under Article 2 (1) 1 through 
3 and 4 or where, in the case of a geographical co llective mark, the geographical indication and mark 
are not in accord with the definitions of the geogr aphical indication and mark under Article 2 (1) 3-2 
and 3-4;  5. Where, in the case of an application for regist ration of a geographical collective mark, the articles 
of association of the organization concerned pr ohibit any other person who produces, manufactures, 
or processes goods entitled for the geographical  indication as a business, from joining the 
organization, or the articles of association include very  strict conditions of entry into the organization, 
which do not substantially allow any othe r person to join the organization;  
6. Where the articles of association under Article 9 (3) lack in whole or in part the matters relating to 
the use of a collective mark as prescribed by Presidential Decree.  (2) If an examiner intends to make a decision to refuse trademark registrati on under paragraph (1), he 
shall notify an applicant of the grounds for refusal  and give him an opportunity to submit an argument 
within a fixed period. In this case, there is a grou nd to reject the whole or part of not less than 2 
designated goods, the examiner in charge shall specifically clarify the ground and the basis for rejecting them by each of the relevant designated goods. <Amended by Act No . 6414, Feb. 3, 2001; 
Act No. 8190, Jan. 3, 2007>  
Article 24 (Publication of Application) 
 (1) When any examiner fails to find any ground fo r rejecting any applica tion filed for trademark 
registration, he shall decide to publish such app lication: Provided, That in the case falling under any 
of the following subparagraphs, he may omit his decision to publish the application: <Amended by 
Act No. 8190, Jan. 3, 2007>  
1. Where the applicant divides his application for th e trademark registration that is already published 
into not less than two applications for the tradem ark registrations pursuant to the provisions of 
Article 18 after a certified copy of the decision to pub lish his application is delivered to the applicant, 
it is impossible to find any ground for rejecting the divisional application; 2. Where a trial decision is made on the cancellation of  a decision to reject the application filed for the 
trademark registration, the application filed for the relevant trademark registration is already 
published and it is impossible to find any ground for rejecting the application.   (2) Where a decision under paragraph (1) is made , the Commissioner of the Korean Intellectual 
Property Office shall deliver a certified copy of the decision to the applicant and publish the 
application in the Trademark Gazette. 
 (3) The Commissioner of the Korean Intellectua l Property Office shall make the application 
documents and attached application materials availa ble for public inspection at the Korean Intellectual IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 18 
 
 
 Property Office for the period of two months from the date of publication of the application. 
<Amended by Act No. 8190, Jan. 3, 2007>  Article 24-2 (Right to Demand Compensation for Loss)  
 
(1) After an application is published under Article  24 (2) (including a case applied mutatis mutandis 
under Articles 49 (3) and 81 (1)), an applicant ma y warn, in writing, a person who has used a 
trademark that is identical or similar to the trad emark of said published app lication on goods that are 
identical or similar to the designated goods of sai d published application: Provided, That where the 
applicant shows a copy of said application for trad emark registration, he may give a warning, in 
writing, even before the publication of the application.   (2) An applicant who has sent a warning under pa ragraph (1) may demand payment of compensation 
in an amount equivalent to the loss of business caus ed by the use of said trademark from the date of 
warning to the date of establishment registration of the trademark right. 
 (3) The right to demand under paragraph (2) sha ll be exercised only after the establishment 
registration of a trademark right for an application for trademark registration.   (4) The exercise of the right to demand under pa ragraph (2) shall not preclude the exercise of the 
trademark right.  
 (5) Articles 52, 66, 69, and 70 of this Act, a nd Articles 760 and 766 of the Civil Act shall apply 
mutatis mutandis to cases of exercising the rights to  demand under paragraph (2). In such cases, "date 
on which the injured party or his agent by law beco mes aware of such damage and of the identity of 
the person who caused it" in Article 766 (1) of the Civil Act shall be read as "date of establishment 
registration of the said trademark right". <Amended by Act No. 8190, Jan. 3, 2007>  (6) Where an application for trademark registrati on falls under any of the following subparagraphs, 
the right to demand under paragraph (2) shall be d eemed never to have ex isted: <Amended by Act 
No. 8190, Jan. 3, 2007> 
1. Where an application for trademark registration h as been abandoned, withdrawn, or invalidated;  
2. Where a decision to refuse trademark registration for an application for trademark registration has 
become final and binding;  3. Where a trial decision to invalidate a tradem ark registration under Ar ticle 71 (excluding cases 
under Article 71 (1) 4 through 6) has become final and binding. 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 24-3 (Amendment Ex Officio, etc.)   (1) An examiner may amend ex officio (hereinafter  referred to as "amendment ex officio") evidently 
erroneous matters concerning designated goods or classi fication thereof entered in an application for 
trademark registration, in making a decision to publish the application. 
 (2) Where an examiner intends to make an amendm ent ex officio under paragraph (1), the examiner 
shall inform the applicant of matters subject to amendment ex officio, serving the applicant with a 
certified copy of decision to publish the application. 
 
(3) An applicant shall, if he/she cannot accept all or some of the matters subject to amendment ex 
officio, submit an argument about the matters subj ect to amendment ex officio to the Commissioner 
of the Korean Intellectual Property Office no later th an the expiration of the period of publication of 
the application under Article 24 (3). IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 19 
 
 
  
(4) If an applicant submits an argument under paragr aph (3), all or some of the matters subject to 
amendment ex officio shall be deemed not to have existed.  
(5) If amendment ex officio is made to matters whic h are not evidently erroneous, such amendment ex 
officio shall be deemed not to have existed. [This Article Newly Inserted by Act No. 9987, Jan. 27, 2010]  Article 25 (Objection to Trademark Registration)  
 
(1) When any application is published, any person may raise an objection to the Commissioner of the Korean Intellectual Property Office against the regi stration of the relevant trademark on the grounds 
that the application falls under any subparagraph of Article 23 (1) or any of subparagraphs 2 and 4 of 
Article 48 (1) within two months from the date on wh ich such application is published. <Amended by 
Act No. 8190, Jan. 3, 2007> 
 (2) Where any person intends to make an objection against a trademark registration, he/she shall 
submit to the Commissioner of the Korean Intell ectual Property Office a written objection specifying 
matters falling under each of the following subpar agraphs, together with necessary evidence: 
<Amended by Act No. 5355, Aug. 22, 1997; Act No. 641 4, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007> 
1. Name and address of the applicant of the objection to a trademark registration (if the applicant is a 
corporation, its title and place of business); 1-2. Name, address, or place of business of, if any, an  agent (if the agent is a patent corporation, its 
title, place of business, and the name of  the designated patent attorney); 
2. The subject of the objection raised to the trademark registration;  
3. Deleted; <by Act No. 8190, Jan. 3, 2007> 
4. Matters against which the objection is raised to the trademark registration;  5. Reasons for the application for the objection to a trademark registration and indication of 
supporting evidences.   Article 26 (Amendment of Reason, etc. for Objection against Trademark Registration) 
Any person who has raised an objection agai nst trademark registra tion under Article 25 (1) 
(hereinafter referred to as an "objector") may amend the reasons and evidence mentioned in the 
written objection against a trademark registration within  thirty days after the period of the objection 
against trademark registration expires.  
Article 27 (Decision on Objection against Trademark Registration) 
 (1) An examiner shall, upon receiving an objectio n against a trademark registration, serve to the 
applicant a copy of the written objection against tr ademark registration, and give him an opportunity 
to submit a written response in a fixed period.  
(2) An examiner shall make a decision on the obj ection against trademark registration after the 
expiration of the period as provided in Article 26 and the period as referred to in paragraph (1). 
 (3) Notwithstanding the provisions of paragraph (1),  if any objector fails to present reasons or 
evidence, the objection against trademark registra tion may be dismissed by a ruling after the 
expiration of the period as provided in Article  26. <Amended by Act No. 8190, Jan. 3, 2007> 
 (4) The decision on an objection against trademark registration shall be made in writing with the 
reason thereof specified.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 20 
 
 
 (5) The Commissioner of the Korean Intellectual Prop erty Office shall, upon a decision as referred to 
in paragraph (2), serve a certified copy of the decision to the applicant and the objector. 
 (6) No decision on an objection against trademark registration shall be disobeyed. 
 
(7) Where there are different reasons for two desi gnated goods or more when they are given in 
accordance with paragraph (4), they shall be give n for each of such goods. <Newly Inserted by Act 
No. 5355, Aug. 22, 1997>  
Article 28 (Decision to Refuse Trademark Registration Ex Officio after Publication of Application for 
Trademark Registration)  (1) Where an examiner finds out any ground for refusal after the publication of an application, he may 
make ex officio a decision to refuse a trademar k registration under Article 23. <Amended by Act 
No. 6414, Feb. 3, 2001> 
 (2) Where an examiner makes a d ecision to refuse a trademark regist ration under paragraph (1), he 
shall not render a decision on an objection to tr ademark registration even if the objection has been 
filed in accordance with Article 25. <A mended by Act No. 6414, Feb. 3, 2001> 
 
(3) Where a decision to refuse a trademark regist ration has been rendered under paragraph (1), the 
Commissioner of the Korean Intellectual Property Offi ce shall deliver a certified copy of the decision 
of refusal to the objector. <Amended by Act No. 6414, Feb. 3, 2001>  Article 29 (Concurrence of Objections  against Trademark Registration) 
 
(1) An examiner may merge or separate the examinations or decisions on two or more objections against trademark registration.  (2) Where two or more objections against trademark registration are raised, if an examiner deems that one of them is well-grounded, as a result of the ex amination of the objection, he may not make a 
decision on other objections against trademark registration. 
 (3) The Commissioner of the Korean Intellectual Prope rty Office shall deliver the certified copies of 
the decision to refuse trademark registration even to objectors for whom no decision on objection against trademark registration is made under paragraph (2). <Amended by Act No. 6414, 
Feb. 3, 2001> 
 Article 30 (Decision to Grant Trademark Registration)  Where an examiner cannot find any grounds for rejec ting an application for a trademark registration, 
he shall render a decision to grant a trad emark registration. <Amended by Act No. 6414, 
Feb. 3, 2001> 
 
Article 31 (Method of Decision to Grant or Refuse Trademark Registration)  (1) The decision to grant or refuse a trademark registration shall be made in writing and state the reasons therefor. <Amended by Act No. 6414, Feb. 3, 2001> 
 
(2) Where an examiner has made a decision to grant or refuse a trademark registration, the 
Commissioner of the Korean Intellectual Property Offi ce shall deliver a certified copy of the decision 
to the applicant. <Amended by Act No. 6414, Feb. 3, 2001>  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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 Article 32 (Suspension of Examina tion or Litigation Procedures)  
 (1) The examination procedure of an application for a trademark registration may, if necessary, be 
suspended until a trial decision becomes final and binding or litigation procedures are concluded.  
 
(2) The court may, if necessary for the litigation, suspend the litigation procedures until a decision to 
grant or refuse a trademark registration becomes final and binding. <Amended by Act No. 6414, 
Feb. 3, 2001>  
Article 33 (Application Mutatis Mu tandis of Patent Act, etc.) 
The provisions of Article 142, subparagraphs 1 thro ugh 5 and 7 of Article 148, and Article 157 of the 
Patent Act, and Articles 143, 299 and 367 of the Ci vil Procedure Act shall apply mutatis mutandis to 
examinations of applications for trademark regist ration. In such cases, "party or intervenor" in 
subparagraphs 1 through 3 a nd 5 of Article 148 of the Patent Act shall be deemed "party, intervenor 
or a person who raises an objection to the trademark registration", and "decision to grant a patent" in 
subparagraph 6 of the same Article shall be r ead as "decision to grant or refuse a trademark 
registration or decision on the application for the objection raised for the trademark registration". 
<Amended by Act No. 6626, Jan. 26, 2002; Act No. 7290, Dec. 31, 2004; Act No. 8190, Jan. 3, 2007>  
CHAPTER IV TRADEMARK REGISTRATION FEES AND TRADEMARK REGISTRATION, 
ETC.  Article 34 (Trademark Registration Fees)   (1) A person who intends to obtain any establishm ent registration of trademark right, additional 
registration of designated goods, or  renewal registration of term of trademark right shall pay 
trademark registration fees. In such cases, a person who intends to obtain any establishment registration of trademark right or renewal registra tion of term of trademark right may pay trademark 
registration fees in two instalments.  (2) An interested party may pay trademark registrati on fees, irrespective of the intention of a person 
liable to pay trademark regist ration fees under paragraph (1). 
 (3) Necessary matters concerning trademark regi stration fees under paragraph (1), method of 
payment, period of payment, payment in instalments and other relevant matters  shall be prescribed by 
Ordinance of the Ministry of Knowledge Economy. 
[This Article Wholly Amended by Act No. 9987, Jan. 27, 2010] 
 Article 34-2 (Abandonment of Some Designated Goods at Time of Payment of Trademark 
Registration Fees)   (1) A person who has obtained a decision granting a trademark registration in an application for 
trademark registration that includes at least two designated goods, who has obtained a decision 
granting additional registration of designated goods in  an application for additional registration of 
designated goods, or who has applied for renewal re gistration of term of a trademark right may 
abandon each of the said designated goods when he/she pays tradem ark registration fees (referring to 
the first instalment of trademark registration fees when payment is made in instalments under the 
latter part of Article 34 (1)). <Amended by Act No. 9987, Jan. 27, 2010> 
 (2) Matters necessary for the abandonment of designated goods under pa ragraph (1) shall be 
prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 22 
 
 
 [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 35 (Extension of Payment Period of Trademark Registration Fees) The Commissioner of the Korean Intellectual Pr operty Office may, upon a request, extend the 
payment period of trademark registration fees under Ar ticle 34 (3) within the extent of thirty days. 
 Article 36 (Abandonment of Appli cation due to Failure to Pay Trademark Registration Fees) 
Where no relevant trademark registration fees (referring to the first instalment of trademark registration fees when payment is made in instalme nts under the latter part of Article 34 (1)) are paid 
within a period of payment under Articles 34 (3) a nd 35 (referring to any time a remainder payment is 
not made within the period for remainder payment, in cases where an order to pay remainder is issued 
under Article 36-2 even if the period of payment expi res, and any time a payment is not made within 
the relevant period in cases falling under Article 36-3), an applica tion for trademark registration, 
application for additional registration of designate d goods or application for renewal registration of 
term of trademark right sh all be deemed abandoned. 
[This Article Wholly Amended by Act No. 9987, Jan. 27, 2010]  Article 36-2 (Payment of Remainder of Trademark Registration Fees)   (1) Where a person who intends to obtain any establis hment registration of trademark right, additional 
registration of designated goods, or renewal registration of term of trademark right, or an owner of 
trademark right fails to pay some of trademark registration fees within the period of payment under 
Article 34 (3) or 35, the Commissioner of the Korean  Intellectual Property Office shall order him/her 
to pay the remainder of the trademark registra tion fees. <Amended by Act No. 9987, Jan. 27, 2010> 
 
(2) A person who receives an order to pay remai nder under paragraph (1) may pay the remainder of 
trademark registration fees within one m onth after he/she receives such order. 
 (3) A person who pays the remainder of trademark registration fees under paragraph (2) shall pay an 
amount prescribed by Ordinance of the Ministry of Knowledge Economy within the extent of double 
the amount of the unpaid trademark registration fee if he/she pays the remainder of the trademark 
registration fees after the lapse of the period of payment under Article 34 (3) or 35. <Amended by Act 
No. 9678, May 21, 2009> [This Article Newly Inserted by Act No. 6765, Dec. 11, 2002]  Article 36-3 (Restoration, etc. of Application fo r Trademark Registration by Payment of Trademark 
Registration Fees or Payment of Remainder)  
 (1) Where an applicant who has filed an applicat ion for trademark registration, or for additional 
registration of designated goods, an application for re newal registration of term of a trademark right, 
or an owner of trademark right fails to pay tr ademark registration fees under a period of payment 
under Article 34 (3) or 35 or to make a remainde r payment within a period for remainder payment 
under Article 36-2 (2) due to reasons not attributable to the applicant or the owner of trademark right, 
he/she may make payment or remainder payment of  the trademark registration fees within 14 days 
from the date on which the said ground ceases to exis t: Provided, That this sh all not apply where six 
months have elapsed since the expiration date of th e period of payment or of the period of remainder 
payment, whichever is later. <Amended by  Act No. 6765, Dec. 11, 2002; Act No. 9987, 
Jan. 27, 2010> 
 (2) A person who has paid, or paid the remainder of, trademark registration fees under paragraph (1) 
(referring to a person who has paid or supplemented th e first instalment of the trademark registration 
fees if payment is made in instalments under the latt er part of Article 34 (1)) shall be deemed not to IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 23 
 
 
 have abandoned an application for trademark registration, applicati on for additional registration of 
designated goods, or application for renewal re gistration of term of the trademark right, 
notwithstanding Article 36. <Amended by Act No. 6765, Dec. 11, 2002; Act No. 9987, Jan. 27, 2010>  
 
(3) Where an application for a trademark registrati on, an application for additional registration of 
designated goods, or a trademark right has been r estored under paragraph (2), the effect of the 
application for a trademark registration, the appl ication for additional registration of designated 
goods, or the trademark right shall not extend to use of  a trademark that is id entical or similar to a 
registered trademark on goods identical or simila r to the designated goods if the said use occurred 
within a period ranging from the expiration date of  the payment period under Article 34 (3) or 35 to 
the recovery date of the application for tradem ark registration, the application for additional 
registration of designated goods, or the trademark right.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 37 (Fees)  (1) Any person who makes an application, request, or  other procedures as to the trademark, shall pay 
a fee: Provided, That this shall not apply to a fee for an invalidation trial requested by an examiner 
under Articles 71 (1) and 72 (1). 
 
(2) Matters necessary for the fee under paragraph (1),  its payment method and period, etc. shall be 
determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 4541, 
Mar. 6, 1993; Act No. 5083, Dec. 29, 1995; Act No. 6414, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
 
(3) Any person who intends to file an application fo r renewal registration of term of a trademark right 
within the period under the proviso to Article 43 (2), shall pay a fee under paragraph (2) plus an 
amount determined by Ordinance of the Mini stry of Knowledge Economy. <Amended by Act 
No. 9987, Jan. 27, 2010>  
Article 38 (Refund of Trademark Registration Fees, etc.) 
 (1) No trademark registration fees and service fees alr eady paid shall be refunded: Provided, That in 
cases falling under any of the following subparagraphs , the trademark registration fees and the service 
fees shall be refunded upon receiving claims filed by  persons who have paid  them: <Amended by Act 
No. 9987, Jan. 27, 2010> 
1. Where the trademark registration fees a nd the service fees are mistakenly paid;  
2. Where the application filed for the trademark re gistration (excluding the divisional application, the 
converted application or the application for the tr ademark registration that provides the basis for the 
divisional application or the converted application, the application with a re quest for an accelerated 
examination, and the application for the registration of the international trademark that is deemed the 
application for the trademark registration provided fo r in this Act pursuant to Article 86-14 (1)) is 
withdrawn or abandoned within one month from the date  on which the relevant application is filed for 
the trademark registration, the application fees for the trademark registration and application fees for 
the priority claim for application of trademar k registration, from among the service fees that are 
already paid. 
 
(2) In cases where any trademark registration fees a nd any service fees that have been already paid 
fall under any subparagraph of paragraph (1), the Commissioner of the Korean Intellectual Property 
Office shall inform the persons who have paid such fees of the fact.   IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 24 
 
 
 (3) The claims for the refund of the trademark registration fees and the service fees referred to in the 
proviso to paragraph (1), with the exception of its subparagraph, cannot be filed beginning on the date 
on which three years lapse from the date on which th e persons concerned are informed pursuant to the 
provisions of paragraph (2). <Amende d by Act No. 8458, May 17, 2007>  
[This Article Wholly Amended by Act No. 8190, Jan. 3, 2007] 
 Article 39 (Trademark Register)   (1) The Commissioner of the Korean Intellectual Propert y Office shall keep a trademark register at the 
Korean Intellectual Property Office and shall re gister the following matters: <Amended by Act 
No. 6414, Feb. 3, 2001; Act No. 6765, Dec. 11, 2002> 1. The establishment, transfer, modification, extinguishment, restoration, renewal of term, conversion of the classification of goods under Article 46-2,  additional registration of designated goods, or 
restriction on disposal, of a trademark right;  
2. The establishment, maintenance, transfer, modifica tion, extinguishment, or restriction on disposal 
of an exclusive or non-exclusive license; 3. The establishment, transfer, modification, extinguish ment, and restriction on di sposal of a pledge of 
which the object is a trademark right, an ex clusive license, or a non-exclusive license.  
 (2) A trademark register as referred to in paragra ph (1) may be prepared wholly or partially by 
magnetic tape, etc. 
 (3) Matters necessary for the items, procedures, etc.  of registration other than as referred to in 
paragraphs (1) and (2) shall be prescribed by Presidential Decree.  
Article 40 (Issuance of Trademark Registration Certificate) 
 (1) When the Commissioner of the Korean Intellect ual Property Office registers an establishment of 
trademark right, he shall issue a trademark registration certificate to an owner of the trademark right.  (2) If a trademark registration certificate is not coincident to a trade mark register, the Commissioner 
of the Korean Intellectual Property Office shall, upon a request or ex officio, withdraw the trademark 
registration certificate and issue a trademark registration certificate with amendments or a new trademark registration certificate.  CHAPTER V TRADEMARK RIGHT  
Article 41 (Registration of Establishment of Trademark Right)  
 (1) A trademark right shall come into effect upon registration of its establishment.   (2) Where trademark registration fees (referring to the first instalment of trademark registration fees if payment is made in instalments under the latter part of Article 34 (1); hereafter the same shall apply in 
this paragraph) are paid in accordance with Arti cle 34 (1) or 35, where the remainder of trademark 
registration fees are paid in accordance with Article  36-2 (2), or where trademark registration fees are 
paid or the remainder payment is made in accordan ce with Article 36-3 (1), the Commissioner of the 
Korean Intellectual Property Office shall register th e establishment of the trademark right concerned. 
<Amended by Act No. 9987, Jan. 27, 2010> 
 
Article 42 (Term of Trademark Right)   (1) The term of a trademark right shall be ten years from the date of registration of its establishment.  
 IP/N/1/KOR/G/1 
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 (2) The term of a trademark right may be renewed in the unit of ten years upon making an application 
for the registration for the renewal of its term. <Amended by Act No. 9987, Jan. 27, 2010>  (3) Notwithstanding paragraphs (1) and (2), if the second instalment of trademark registration fees are 
not paid within a period of payment under Article s 34 (3) and 35 (referring to any time a remainder 
payment is not made within the period of rema inder payment, in cases where an order to pay 
remainder is issued under Article 36-2 even if the period of payment expires, and any time a payment 
is not made within the relevant period of payment in cases falling under Article 36-3) where 
trademark registration fees are paid in instalments u nder the latter part of Article 34 (1), the relevant 
trademark right shall be extinguished at the expira tion of five years from the registration date of 
establishment or date of term renewal regi stration thereof. <Amended by Act No. 9987, 
Jan. 27, 2010>  Article 43 (Application for Term Renewa l Registration of Trademark Right)  
 
(1) Any person intends to obtain registration for the renewal of term of a trademark right under 
Article 42 (2) shall submit, to the Commissioner of the Korean Intellectual Property Office, an 
application for term renewal registration of a trademark right stating the following matters: 
<Amended by Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001; Act No. 9987, 
Jan. 27, 2010> 
1. Requirements under Article 9 (1) 1, 2, 4, and 7;  
2. Registration number of the registered trademark;  3. Deleted. <by Act No. 4597, Dec. 10, 1993>  (2) The application for term renewal registration of a trademark right shall be filed within one year 
prior to the expiration of the term of the trademar k right: Provided, That a person who fails to apply 
for term renewal registration of a trademark right within this period, may apply for term renewal 
registration of a trademark right within six months  after the term of the trademark right expires. 
<Amended by Act No. 9987, Jan. 27, 2010>  (3) Where a trademark right is owned jointly, all of the joint owners shall jointly file an application 
for term renewal registration of a trademark right. <Amended by Act No. 9987, Jan. 27, 2010> 
 (4) Matters necessary for an application for term re newal registration of a trademark right, other than 
those referred to in paragraphs (1) through (3), sha ll be determined by Ordinance of the Ministry of 
Knowledge Economy. <Amended by Act No. 9987, Jan. 27, 2010> 
 
Articles 44 and 45 Deleted. <by Act No. 9987, Jan. 27, 2010>  Article 46 (Effects of Application, etc. for Term Renewal Registration of Trademark Right) 
 (1) Where an application for term renewal registrati on of a trademark right has been filed within the 
period under Article 43 (2), the term of the tradem ark right shall be deemed  renewed. <Amended by 
Act No. 9987, Jan. 27, 2010>  (2) The registration for renewal of term of a tr ademark right shall commence on the day following the 
date of expiration of the original registration. 
 
Article 46-2 (Application to Register Conversion of Classification of Goods)  
 (1) Any owner of trademark right who has obtained any establishment registration of trademark right, 
additional registration of designate d goods, or renewal registration of  term of trademark right by IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 26 
 
 
 designating the goods according to the classification of goods prescribed by Ordinance of the Ministry 
of Knowledge Economy under the previous Article  10 (1) of the Trademark Act, before the 
enforcement of the Trademark Act as amended by Act No. 5355, shall obtain registration to convert 
the classification of designated goods (hereinafter referred to as "conversion of the classification of 
goods"), as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That this 
shall not apply where a person has obtained registrati on for renewal of term of a trademark right for 
designated goods according to the classification of goods as prescribed by Ordinance of the Ministry 
of Knowledge Economy under Article 10 (1) of the Trademark Act as amended by Act No. 5355. 
<Amended by Act No. 8852, Feb. 29, 2008> 
 
(2) If any person intends to obtain the registrati on for the conversion of the classification of goods 
under paragraph (1) (hereinafter referred to as "regis tration for the conversion of the classification of 
goods"), he/she shall submit, to the Commissioner of  the Korean Intellectual Property Office, an 
application of registration for the conversion of th e classification of goods, describing the particulars 
of the following subparagraphs: <Amended by Act No. 9987, Jan. 27, 2010> 
1. Name and address of applicant (if the applicant is a corporation, its title and place of business);  
2. Name, address, or place of business of, if any, an ag ent (if the agent is a patent corporation, its title, 
place of business, and the name of th e designated patent attorney);  
3. Registration number of the registered trademark; 4. Designated goods and the corresponding classificat ion that the applicant wishes to convert.  
 
(3) An application for registration of the conversion of the classification of goods shall be filed within 
the period of from one year before the expiration date of the term of the trademark right to six months 
after the expiration date of said term.  
(4) Where a trademark right is owned jointly, all jo int owners shall jointly file an application of 
registration for the conversion of the classification of goods.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 46-3 Deleted. <by Act No. 9987, Jan. 27, 2010>  
Article 46-4 (Decision to Refuse Registration fo r Conversion of Classi fication of Goods and 
Notification of Grounds for Refusal)  (1) An examiner shall make a decision to refuse regi stration for the conversion of the classification of 
goods where an application of registration for the conversion of the classification of goods falls under 
any of the following subparagraphs: <Amended by Act No. 8190, Jan. 3, 2007; Act No. 8852, 
Feb. 29, 2008; Act No. 9987, Jan. 27, 2010> 1. Where the designated goods for which an applica tion to register the conversion of the classification 
of goods has been filed are not the goods designated under the registered trademark or where an applicant expands the actual scope of the designated goods;  2. Where the designated goods of an application to  register the conversion of the classification of 
goods fail to comply with the classifications of goods prescribed by Ordinance of the Ministry of 
Knowledge Economy;  3. Where an applicant for registration for the convers ion of the classification of goods is not the owner 
of the trademark right concerned; 4. Where the requirements for filing the applicat ion of registration for the conversion of the 
classification of goods provided for in Article 46-2 are not met;  
5. Where the trademark is extinguished, or the appli cation for term renewal registration of a trademark 
right is abandoned, withdrawn or invalidated.  IP/N/1/KOR/G/1 
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Page 27 
 
 
 (2) Where an examiner intends to  make a decision to refuse registration of the conversion of the 
classification of goods under paragraph (1), he/she sh all notify the applicant of the grounds for refusal 
and provide the applicant an opportunity to subm it an argument within the designated time limit.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 46-5 (Registration of Conve rsion of Classification of Goods)  
Where an examiner makes a decision to register the conversion of the classification of goods under 
Article 30 applied mutatis mutandis under Article 49 (2), the Commissioner of the Korean Intellectual 
Property Office shall register the conversion of the classification of the designated goods.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 47 (Application for Additiona l Registration of Designated Goods) 
 (1) Any owner of trademark right or applicant may ob tain an additional registration with the effect of 
inclusion of designated goods of the registered trad emark or application for trademark registration. 
<Amended by Act No. 5355, Aug. 22, 1997>  (2) Any person who intends to obtain an add itional registration of designated goods under 
paragraph (1), shall submit to the Commissioner of the Korean Intellectual Property Office an 
application for additional registration of desi gnated goods, specifying the matters falling under the 
following subparagraphs: <Amended by Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007> 
1. Matters provided for in Article 9 (1) 1, 2, 5 and 7; 2. Registration number of registered trademark, or application number of trademark registration 
application; 3. Goods to be designated additionally and the classification thereof.  
 
Article 48 (Decision to Refuse Additional Registra tion of Designated Goods  and Notification of 
Grounds for Refusal)  (1) If any application for additional registration of  designated goods falls under any of the following 
subparagraphs, an examiner shall make a decisi on to refuse additional registration of designated 
goods with regard to such application: <Ame nded by Act No. 6414, Feb. 3, 2001; Act No. 8190, 
Jan. 3, 2007> 1. Where it falls under any subparagraph of Article 23 (1); 2. Where an applicant for additional registration of designated goods is not the owner of trademark 
right or applicant thereof; 
3. Deleted; <by Act No. 8190, Jan. 3, 2007> 
4. Where a trademark right of registered trademark is extinguished, or an application for trademark registration is abandoned, withdrawn or invalidat ed, or a decision on the refusal of trademark 
registration in the application for the trad emark registration becomes final and binding. 
 (2) If an examiner intends to make a decision to  refuse additional registration of designated goods 
under paragraph (1), he/she sha ll notify the applicant of the grounds for refusal, and provide an 
opportunity to submit an argument within a fixed period. <Amended by Act No. 6414, Feb. 3, 2001> 
 Article 49 (Provisions Applicable Mutatis Mutandis)  
(1) Article 13 shall apply mutatis mutandis to the supplement of an application for term renewal 
registration of a trademark right. <Amended by Act No. 9987, Jan. 27, 2010>  (2) Articles 10 (1), 13, 14, 16, 17, 22 and 30 thr ough 32 of this Act and s ubparagraphs 1 through 5 
and 7 of Article 148 of the Patent Act shall apply mu tatis mutandis to applications for registration of IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 28 
 
 
 the conversion of the classification of goods. <New ly Inserted by Act No. 6414, Feb. 3, 2001; Act 
No. 8190, Jan. 3, 2007>  (3) Articles 9-2, 10 (1), 13 through 17, 17-2, 20 through 22, 22-4, 24, 24-2, 24-3, and 25 through 32 of 
this Act, Article 142, subparagraphs 1 through 5 an d 7 of Article 148, and Article 157 of the Patent 
Act, and Articles 143, 299 and 367 of the Civil Procedure Act shall apply mutatis mutandis to 
applications for additional registration of designated goods. <Amended by Act No. 9987, 
Jan. 27, 2010>  
Article 50 (Effects of Trademark Right)  
An owner of trademark right shall have an exclusiv e right to use the registered trademark as to the 
designated goods: Provided, That if an exclusive licen se is established with r espect to the trademark 
right, this shall not apply to the extent that an  exclusive licensee monopolizes the right to use the 
registered trademark in accordance with Article 55 (3). 
 
Article 51 (Scope of Ineffectiveness of Trademark Right)  (1) No effect of trademark right (excluding geograp hical collective mark right) shall be extended to 
the trademark which falls under any of the follo wing subparagraphs: <Amended by Act No. 5355, 
Aug. 22, 1997; Act No. 6414, Feb. 3, 2001;  Act No. 7290, Dec. 31, 2004; Act No. 8190, 
Jan. 3, 2007> 
1. A trademark indicating his/her own name, title or trade name, portrait, signature, seal or well-
known pseudonym, stage name, pen name and well -known abbreviation thereof, in usually used 
ways: Provided, That the same shall not apply in  cases where the trademark is used for any unlawful 
competition after the establishment of the trademark right is registered; 
2. A trademark indicating in the normal denomina tion, producing place, quality, raw materials, 
efficacy, use, quantity, shape (including shapes of wrappers), price or produc ing, processing and using 
methods and time of goods identical with or si milar to the designated goods of the registered 
trademark in a common way;  2-2. With respect to the trademark that takes a three-dimensional shape provided for in Article 9 (2), where it is impos sible to confirm that the three-dimensional shape 
indicates the goods related to whose business, the tradem ark, the shape of which is identical or similar 
to the three-dimensional shape of the registered trad emark that is used for the goods that are identical 
or similar to the designated goods of the registered trademark; 3. A trademark used commonly for goods identical with or similar to designated goods of the 
registered trademark, and trademark formed of distinguished geograp hical denomination and 
abbreviation thereof or map; 
4. A trademark with three-dimensional shapes a color or the combination of colors that are essential to 
secure the functions of the designated goods of a registered trademark or their packaging.  
 (2) No effect of geographical collective mark right shall be extended to the trademark or geographical 
indication which falls under any of the following subparagraphs: <Newly Inserted by Act No. 7290, 
Dec. 31, 2004> 
1. A trademark falling under paragraph (1) 1, 2 (excluding the case of falling under the place of 
origin), or 4; 2. A trademark used commonly for goods identi cal with designated goods of the registered 
geographical collective mark; 
3. A geographical indication used for goods identi cal with designated goods of the registered 
geographical collective mark, which is used by a person who as a business produces, manufactures, or 
processes the goods in the relevant region or locality , or any other geographical indication which has 
homonymous relation to the said geographical indication; IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 29 
 
 
 4. Where a geographical indication identical with or similar to the registered geographical collective 
mark is included in a registered trademark the registration of which was made by an earlier application, the registered trademark used by an  owner of trademark right or any other relevant 
exclusive or non-exclusive licensee as to the designated goods. 
 
Article 52 (Scope of Protection of  Registered Trademark, etc.) 
 (1) The scope of protection of registered trademark sh all be determined by a trademark specified in an 
application for trademark registration. 
 
(2) The scope of protection of designated goods sh all be determined by the goods specified in an 
application for a trademark registration or an appl ication for registration of the conversion of the 
classification of goods. <Amended by  Act No. 6414, Feb. 3, 2001> 
 
Article 53 (Relation to Design Right, etc. of Another Person) 
Where an owner of trademark right, an exclus ive or non-exclusive licensee uses a registered 
trademark, if it conflicts, dependi ng on the using condition, with anot her person's patent right, utility 
model right and design right app lied before the filing date of the application for trademark 
registration, or another person's copyright created  before the filing date of the application for 
trademark registration, he/she may not use the re gistered trademark on such designated goods in 
conflict without obtaining the consent of the patent ee, owner of a utility model right, owner of design 
right, or owner of copyright. <Amended by  Act No. 5355, Aug. 22, 1997; Act No. 7289, 
Dec. 31, 2004>  Article 54 (Transfer and Joint Ownership of Trademark Right, etc.) 
 
(1) Any trademark right may be divided by designate d goods so as to be transferred. In such cases, 
similar designated goods shall be transferred all together.  (2) through (4) Deleted. <by Act No. 5355, Aug. 22, 1997>   
(5) If a trademark right is owned jointly, no joint owner may transfer his/her share or establish a 
pledge on the share without obtaining the con sent of all other joint owners. <Amended by Act 
No. 5355, Aug. 22, 1997>  (6) If a trademark right is owned jointly, no joint owner may establish any exclusive or non-exclusive 
license to use the trademark right without obtaining  the consent of all other joint owners. <Amended 
by Act No. 5355, Aug. 22, 1997>  (7) A business emblem right shall be unalienable: Provided, That this shall not apply to cases of 
transferring it together with the business.  
(8) A trademark right registered under the provisos to Article 7 (1) 1-3, 1-4 and 3 shall be unalienable: 
Provided, That this shall not apply to cases of tran sferring it together with the business related to the 
titles, abbreviated names or marks under Article 7 (1) 1-3, 1-4 and 3. <Amended by Act No. 9987, 
Jan. 27, 2010>  
(9) A collective mark right shall be unalienable: Provide d, That in cases of a merger of corporations, it 
may be transferred with permission from the Co mmissioner of the Korean Intellectual Property 
Office.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 30 
 
 
 (10) No pledge right, the object of which is a business emblem right, collective mark right, or 
trademark right under the provisos to Article 7 (1) 1-3, 1-4 and 3, may be established. <Amended by 
Act No. 9987, Jan. 27, 2010>  
Article 54-2 (Division of Trademark Right)  
 (1) Where there are two or more designated goods under one trademark right, such trademark right may be divided for each of  such designated goods. 
 
(2) Where an invalidation trial is requested according to Article 71 (2), the division under 
paragraph (1) may be made until a trial decision b ecomes final and binding, even after the trademark 
right is extinguished. [This Article Newly Inserted by Act No. 5355, Aug. 22, 1997]  
Article 55 (Exclusive License)  
 (1) An owner of a trademark right may establish an  exclusive license as to the trademark right for 
another person.   (2) An exclusive license may not be established as to  a business emblem or a collective mark right.  
 
(3) An exclusive licensee who has been established an exclusive li cense under paragraph (1), shall 
have the exclusive right to use the registered trademark on the designated goods to the extent as 
provided in the license agreement.   
(4) An exclusive licensee shall indicate his own name or title on the goods.  
 (5) An exclusive licensee may not transfer the license without the consent of an owner of the 
trademark right, except in case of inheritance or other general succession.   (6) An exclusive licensee may not establish a pled ge or establish a nonexclusive license on the 
exclusive license without the consent of an owner of the trademark right.  
 (7) Article 54 (5) and (6) shall apply mu tatis mutandis to exclusive licenses.  
 Article 56 (Effects of Registration on Trademark Right and Exclusive License)  
 
(1) The matters falling under each of the following s ubparagraphs shall not take  effect without being 
registered: <Amended by Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007> 1. Transfer (excluding a case of being transfe rred by inheritance or other general succession), 
modification, or extinguishment by abandonment, re newal of term, conversion of the classification of 
goods, addition of designated goods or restric tion of disposal, of the trademark right; 
2. Establishment, transfer (excluding a case of be ing transferred by inheritance or other general 
succession), change, extinguishment (excluding cases wher e it is caused by confusion of any right) or 
restriction on disposal, of the exclusive license;  3. Establishment, transfer (excluding a case of be ing transferred by inheritance or other general 
succession), change, extinguishment (excluding cases wher e it is caused by confusion of any right) or 
restriction on disposal, of the pledge right of wh ich the object is the trademark right or exclusive 
license.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 31 
 
 
 (2) In case of inheritance of, or other general suc cession to the trademark right, exclusive license, and 
pledge right as referred to in any of subparagraphs of pa ragraph (1), the eff ect thereof shall be 
reported without delay to the Commissioner of  the Korean Intellectual Property Office. 
 
Article 57 (Non-exclusive License)  
 (1) An owner of a trademark right may establish a non-exclusive license as to his trademark right for another person.   
(2) A non-exclusive licensee who has been estab lished a non-exclusive license under paragraph (1) 
shall have the right to use the registered tradem ark on the designated goods to the extent as provided 
in the license agreement.   (3) A non-exclusive license may not, except in case of  inheritance or other general succession, be 
transferred without the consent of an owner of the trademark right (or an owner of trademark right and 
an exclusive licensee, in case of a non-exclus ive license as to an exclusive license).  
 (4) A pledge may not be established as to a non-excl usive license without the consent of an owner of 
the trademark right (or an owner of trademark right and an exclusive licensee, in case of a non-exclusive license as to an exclusive license).  
 
(5) The provisions of Articles 54 (5) and 55 (2) and (4) shall apply mutatis mutandis to non-exclusive 
licenses.   Article 57-2 (Right to Use Trademark After E xpiration of Term of Patent Right, etc.)  
 
(1) Where a registered patent right under a patent appl ication filed prior to or on the filing date of an 
application for trademark registration conflicts with the trademark right  under such trademark 
application and the term of the pate nt right has expired, the original patentee shall have the right to 
use, within the scope of the original patent right, the registered trademark or another trademark similar 
thereto with respect to the designated goods covere d by the trademark application or goods similar 
thereto: Provided, That this shall not apply to cases where a registered trademark is used for the 
purpose of unfair competition.   (2) Where a registered patent right under a patent appl ication filed prior to or on the filing date of an 
application for trademark registration conflicts with the trademark right  under such trademark 
application and the term of the patent right has e xpired, any person who has an exclusive license with 
respect to the patent right or a non-exclusive license with respect to the patent right or its exclusive 
license effective under the provisions of Article 118 (1) of the Patent Act at the time of its expiration 
shall have the right to use, within the scope of th e original right, the registered trademark or another 
trademark similar thereto on the designated goods or goods similar thereto: Provided, That this shall 
not apply to cases where a registered trademark is used for the purpose of unfair competition. 
<Amended by Act No. 8190, Jan. 3, 2007> 
 (3) A person who has been granted the right to  use a trademark under paragraph (2) shall pay 
reasonable remuneration to an owner of the trademark right or exclusive licensee.   
(4) An owner of the trademark or exclusive license e may demand a person who has a right to use the 
trademark under paragraph (1) or (2) to make the necessary indications to prevent confusion between 
the goods of the trademark owner or exclusive licen see's business and the goods of the other person's 
business.   IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 32 
 
 
 (5) A right to use a trademark under paragraph (1) or (2) may not, except in case of inheritance or 
other general succession, be transferred without th e consent of an owner of the trademark or an 
exclusive licensee.  
(6) The provisions of paragraphs (1) through (5) shall apply mutatis mutandis to a case where a utility 
model right or a design right under a utility model app lication or a design application filed prior to or 
on the filing date of an application for trademark re gistration conflicts with the trademark right under 
such trademark application and the term of the u tility model right or the design right has expired. 
<Amended by Act No. 7289, Dec. 31, 2004> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 57-3 (Right to Continually U se Trademark on Grounds of Prior Use)  
 (1) Anyone who uses the trademark that is identical or  similar to the registered trademark of any other 
person for the goods that are identical or simila r to the designated goods and meets all of the 
following requirements (including any other person who succeeds his status; hereafter referred to as 
"prior user" in this Article) shall hold the right to  continually use the goods that is affixed with the 
relevant trademark: 1. He must have continually used the trademar k in Korea without any purpose of unfair competition 
before any other person files an application for the registration of such trademark;  
2. He must get domestic consumers to believe that the trademark is used fo r his goods as a result of 
the using the trademark referred to in the provisi ons of subparagraph 1 at the time when any other 
person files an application for the registration of his trademark.  (2) Every owner of a trademark right or every excl usive licensee may ask the prior user to affix an 
appropriate mark to each of his goods, which can prevent any mistake and any confusion of 
production sources between his goods  and the prior user's goods. 
[This Article Newly Inserted by Act No. 8190, Jan. 3, 2007]  Article 58 (Effects of Registration of Non-exclusive License, etc.)   
(1) The matters falling under the following subparagr aphs shall have no eff ect on any third parties 
unless they are registered:  1. Establishment, transfer (excluding a case of be ing transferred by inheritance or other general 
succession), modification, extinguishment by aband onment or restriction on disposal, of the non-
exclusive license;  
2. Establishment, transfer (excluding a case of be ing transferred by inheritance or other general 
succession), modification, extinguishment by abandonm ent or restriction on disposal, of the pledge 
right of which the object is the non-exclusive license.   (2) Where a non-exclusive license is registered, it sh all also be effective to any person who acquires 
the trademark right or an exclusiv e license after the registration.  
 
(3) In case of inheritance of or other general succ ession to the non-exclusiv e license and pledge right 
under the subparagraphs of paragraph (1), the effect  thereof shall be reported without delay to the 
Commissioner of the Korean Intellectual Property Office.  
Article 59 (Abandonment of Trademark Right)  
An owner of a trademark right may abandon his trad emark right for any one of the designated goods.  
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 33 
 
 
 Article 60 (Restriction on Abandonment of Trademark Right, etc.)  
 (1) An owner of a trademark right may not abando n his trademark right without the consent of an 
exclusive or non-exclusive licensee or pledgee.  
 
(2) An exclusive licensee may not abandon his exclus ive license without the consent of a pledgee or 
non-exclusive licensee under Article 55 (6).   (3) A non-exclusive licensee may not abandon his n on-exclusive license without the consent of a 
pledgee under Article 57 (4).  
 Article 61 (Effect of Abandonment)  Where a trademark right, an exclusive or non-exclus ive license, or a pledge has been abandoned, the 
trademark right, exclusive or non-exclusive license or pledge shall be extinguished from that time.  
 
Article 62 (Pledge)  Where a pledge has been established for the purpos e of a trademark right or an exclusive or non-
exclusive license, a pledgee may not use the registered trademark.   Article 63 (Subrogation of Pledge)  
The pledge right may be exercised even to any consid erations or things to be received for the use of 
the trademark right under this Act: Provided, That it shall be seized before it is paid or handed over. 
 Article 64 (Extinguishment of Trademark Right)   
(1) Where a successor fails to make a transfer regist ration of trademark right within three years after 
from the date of death of the owner of trademark right, the trademark right shall be extinguished on 
the date following the expiration of three years from th e date of death of the owner of trademark right. 
 (2) In case where it fails to register the transfer of the trademark right of any corporation for which the 
liquidation procedure is in progress on or before the date on which the liquidation completion of the 
relevant corporation is registered (in case where the liquidation clerical work is not de facto 
completed even if the liquidation completion is registered, the earliest date from among the date on 
the liquidation clerical work is de facto complete d and the date on which 6 months lapse from the date 
on which the liquidation completion is registered; her eafter the same shall apply in this paragraph), 
the trademark right shall be extinguished on the da te following the date on which the liquidation of 
the relevant corporation is completed. <New ly Inserted by Act No. 8190, Jan. 3, 2007> 
 Article 64-2 (Extinguishment of Trademark Right in Absence of Registration of Conversion of 
Classification of Goods)   (1) Where there is any reason falling under any of the following sub-paragraphs, a trademark right 
covering designated goods of an a pplication for registration of the conversion of the classification of 
goods shall extinguish on the date following the expirati on date of the term of trademark right that is 
contained within the time limit under Article 46- 2 (3) for registering the conversion of the 
classification of goods: <Amended by Act No. 8190, Jan. 3, 2007> 
1. Where a person who is entitled to register the c onversion of the classification of goods does not file 
an application thereof within time limit under Article 46-2 (3);  
2. Where an application for registration of the conversion of the classification of goods has been 
withdrawn;  3. Where a procedure relating to the conversion of the classification of goods has been invalidated 
under Article 16 (1) of the Patent Act applied mu tatis mutandis under Article 5 of this Act;  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 34 
 
 
 4. Where a decision to refuse registration of the conversion of the classification of goods becomes 
final and binding; 5. Where a trial decision invalidating registrati on of the conversion of the classification of goods 
under Article 72-2 becomes final and binding. 
 
(2) A trademark right covering designated goods that are the object of but not indicated in an application for registration of the conversion of th e classification of goods under Article 46-2 (2) shall 
extinguish on the date when the designated goods that are indicated in the said application are 
converted and registered under Article 46-5: Provi ded, That in case where the conversion of the 
classification of goods is registered prior to the date  on which the term of the trademark right expires, 
the trademark right is extinguished on the date follo wing the expiration date of the term of trademark 
right. <Amended by Act No. 8190, Jan. 3, 2007> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
CHAPTER VI PROTECTION OF OWNER OF TRADEMARK RIGHT  
Article 65 (Right to Seek Injunction, etc. against Infringement)  (1) An owner of a trademark right or exclusive li censee may demand a person who is infringing or is 
likely to infringe on the trademark right or excl usive license to discontinue or prevent the 
infringement. 
 
(2) When an owner of a trademark right or ex clusive licensee makes a demand under paragraph (1), 
he may demand the destruction of products by which an act of infringement was committed, the 
removal of the facilities used for the act of infri ngement, or other measures necessary to prevent the 
infringement.  
 
Article 66 (Acts Deemed to be Infringement)  (1) Any act which falls under any of the following subparagraphs shall be c onsidered to infringe a 
trademark right (excluding a geographical collectiv e mark right) or exclusive license: <Amended by 
Act No. 5355, Aug. 22, 1997; Act No. 7290, Dec. 31, 2004> 
1. An act of using a trademark identical with a registered trademark of another person on the goods 
similar to the designated goods, or using a trademark similar to the registered trademark of another 
person on the goods identical with or  similar to the designated goods; 
2. An act of delivering, selling, forging, imitating or possessing a trademark identical with or similar to the registered trademark of another person with intention to use or make another person use it on 
any goods identical with or similar to the designated goods; 
3. An act of manufacturing, delivering, selling or possessing tools used for making the registered 
trademark of another person with intention to forge or imitate or to make a third person forge or 
imitate the registered trademark; and 4. An act of keeping, for a purpose of transfer or  delivery, goods identical with or similar to the 
designated goods on which another person's register ed trademark or any other similar trademark is 
used. 
 (2) Any act which falls under any of the following subparagraphs shall be c onsidered to infringe a 
geographical collective mark right: <Newly Inserted by Act No. 7290, Dec. 31, 2004> 1. An act of using a trademark (excluding a homony mous geographical indication; hereafter in this 
paragraph the same shall apply) similar to a regist ered geographical collective mark of another person 
on the goods identical with the designated goods; 2. An act of delivering, selling, forging, imitating or possessing a trademark identical with or similar to the registered geographical collective mark of a nother person with intention to use or make a third 
person use it on any goods identical with the designated goods; IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 35 
 
 
 3. An act of manufacturing, delivering, selling or possessing tools used for making the registered 
geographical collective mark of another person with in tention to forge or imitate or to make a third 
person forge or imitate the registered geographical collective mark; and 4. An act of keeping, for a purpose of transfer or  delivery, goods identical with the designated goods 
on which a trademark identical with or similar to another person's registered geographical collective 
mark is used.   Article 67 (Presumption, etc. of Amount of Damage)   
(1) Where an owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed a tr ademark right or exclusive license for damages 
caused by the infringer's transfer of infringing artic les, the amount of damages may be calculated as 
the number of transferred articles multiplied by the pr ofit per unit of the articles that the owner of the 
trademark right or exclusive licensee might have sold  in the absence of the sai d infringement. In this 
case, the compensation may not exceed an amount calcu lated as follows: the estimated profit per unit 
multiplied by the number of articles that the tradem ark right owner or licensee could have produced 
subtracted by the number of articles actually sold: Provided, That where the owner of the trademark right or exclusive licensee fails to sell his or her product for reasons other than infringement, a sum 
calculated according to the number of articles unsold due to reasons other than infringement shall be 
deducted. <Newly Inserted by Act No. 6414, Feb. 3, 2001> 
 
(2) Where an owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed on the trademark right or the exclusive license for 
damages caused to him by such infringement, the pr ofits gained by the infringer by the infringement 
shall be presumed to be the amount of damage su ffered by the owner of the trademark right or 
exclusive licensee.  
 (3) Where an owner of a trademark right or an exclusive licensee claims compensation from a person 
who has intentionally or negligently infringed the trademark right or exclusive license for damages 
caused to him by the infringement, the amount of money which he would normally receive for the use 
of the registered trademark may be claimed as the amount of damages suffered by him.  
 
(4) Notwithstanding paragraph (3), where the am ount is in excess of the amount under the same 
paragraph, the amount in excess may also be clai med as compensation for damage. In this case, the 
court may take into consideration whether there h as been either wilfulness or gross negligence on the 
part of the person who has infringed the trademark right or the exclusive license when deciding the 
amount of damages. <Amended by Act No. 6414, Feb. 3, 2001> 
 (5) In litigation relating to the infringement of a tr ademark right or exclusive license, where the court 
recognizes that the nature of the facts of the ca se make it difficult to provide evidence proving the 
amount of damage that has occurred, notwithsta nding paragraphs (1) through (4), the court may 
determine a reasonable amount on a review of all th e arguments and on the basis of an examination of 
the evidence. <Newly Inserted by Act No. 6414, Feb. 3, 2001> 
 Article 68 (Presumption of Intention) Any person who has infringed on a trademark right or exclusive license of another person that 
indicates that it is a registered trademark under Article  90, shall, with respect to the infringement, be 
presumed to have known that the trademark was already registered.  
 Article 69 (Recovery of Reputation of Owner, etc. of Trademark Right) With respect to a person who makes an owner of a trademark right or exclusive licensee lose his/her business reputation, by infringing intentionally or negligently on the trademark right or exclusive IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 36 
 
 
 license, the court may, upon request of the owner of  the trademark right or exclusive licensee, order 
any measures necessary for recovering the business reput ation of the owner of the trademark right or 
exclusive licensee in lieu of, or along with, a compensation for damages.  
Article 70 (Submission of Documents) 
In a litigation as to an infringement on a trademark right or exclusive license, the court may, upon 
request of the party concerned, order the other party to submit documents necessary for calculating 
the damage caused by the infringement: Provided, Th at this shall not apply to cases where a person 
who has the documents in hand has a justifiabl e reason for refusing to submit the documents. 
 
CHAPTER VII  TRIAL  Article 70-2 (Trial on Decision of Refusal)  Any person dissatisfied with a decision of refusal of  trademark registration, a decision of refusal of 
additional registration of designated goods, or a decisi on of refusal of registration of the conversion of 
the goods classification (hereinafter referred to as "decision of refusal") may make a request for trial 
within thirty days from the date of receipt of  a certified copy of the decision of refusal.  
[This Article Wholly Amended by Act No. 9987, Jan. 27, 2010]  Article 70-3 (Trial on Ruling to Dismiss Amendment)  Any person dissatisfied with a ruling to dismiss an  amendment under Article 17 (1) may request a trial 
within thirty days from the date of recei pt of a certified copy of the decision. 
[This Article Newly Inserted by Act No. 4895, Jan. 5, 1995]  Article 71 (Invalidation Trial on Trademark Registration) 
 
(1) If a trademark registration or additional regist ration of designated goods falls under any of the 
following subparagraphs, an interested party or exam iner may request an invalidation trial. In such 
cases, if there are two or more designated goods of the registered trademark, it may be requested for each of the designated goods: <Amended by Ac t No. 5355, Aug. 22, 1997; Act No. 6414, 
Feb. 3, 2001; Act No. 7290, Dec. 31, 2004; Act No. 8190, Jan. 3, 2007> 1. Where a trademark registration or additional regist ration of the designated go ods is in contravention 
of the proviso to Article 3, Articles 6 through 8, 12 (2) (latter part), (5), and (7) through (9), 23 (1) 4 
through 6 of this Act, or Article 25 of the Pate nt Act which is applicable mutatis mutandis under 
Article 5; 2. Where a trademark registration or additional regist ration of designated goods is in contravention of 
the treaty; 
3. Where a trademark registration or additional regi stration of designated goods is made by a person 
who fails to succeed to the right created by the application for trademark registration;  
3-2. Where the additional registration of the desi gnated goods is in violati on of the provisions of 
Article 48 (1) 4;  4. Where an owner of a trademark right becomes a person who is unable to enjoy the trademark right 
under Article 25 of the Patent Ac t which is applicable mutatis mutandis under Article 5 or such 
registered trademark is in contravention of the treaty;  
5. Where a registered trademark falls under any of  the subparagraphs of Article 6 (1) after the 
registration of the trademark (excluding a case falling under Article 6 (2));  6. Where a geographical indication which constitutes a registered geographical collective mark is no 
more protected or used by the country of origin after the registration of the geographical collective 
mark under Article 41. 
 (2) An invalidation trial as referred to in paragr aph (1) may be requested even after the trademark 
right is extinguished.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 37 
 
 
 (3) If a trial decision that a trademark registrati on be invalidated becomes final and binding, the 
trademark right shall be deemed not to have exis ted from the beginning: Provided, That if the trial 
decision that the trademark registration be invalidat ed under paragraph (1) 4 through 6 becomes final 
and binding, the trademark right shall be deemed  not to have existed from the time when the 
registered trademark falls under the same subparagr aph. <Amended by Act No. 6414, Feb. 3, 2001; 
Act No. 7290, Dec. 31, 2004>  (4) In applying the proviso of Article 3, where it is unable to specify the time when a registered 
trademark falls under paragraph (1) 4 through 6, th e trademark right shall be deemed not to have 
existed from the time when an invalidation trial unde r paragraph (1) is requested and the contents of 
the request is made known to the public on the orig inal register. <Newly Inserted by Act No. 6414, 
Feb. 3, 2001; Act No. 7290, Dec. 31, 2004>  (5) Where a trial under paragraph (1) has been requ ested, the presiding administrative patent judge 
shall notify the exclusive licensee of the trademark right, and other persons with registered rights 
related to the trademark, regarding the subject of the request.   Article 72 (Invalidation Trial on Registration for Renewal of Term of Trademark Right) 
 (1) An interested party or examiner may request an invalidation trial, if a registration for term renewal 
of a trademark right falls under any of the followi ng subparagraphs. In such cases, if designated goods 
of a registered trademark, the registration of which is renewed, are two or more, an invalidation trial 
may be requested for each designated good:  <Amended by Act No. 9987, Jan. 27, 2010> 
1. Deleted; <by Act No. 5355, Aug. 22, 1997>  2. Where a registration for the renewal of term of a trademark right is in contravention of 
Article 43 (2);  
3. Where an application for registration for term renewal of a trademark right has been filed by a 
person, other than the owner of the relevant trademark right.   (2) An invalidation trial as referred to in paragr aph (1) may be requested even after the trademark 
right is extinguished. 
 
(3) Where a trial decision that a registration for rene wal of term of a trademark right be invalidated 
becomes final and binding, such registration sha ll be considered not to have existed from the 
beginning.  
(4) Article 71 (5) shall apply mutatis mutandis to requests for trial referred to in paragraph (1). 
<Amended by Act No. 6765, Dec. 11, 2002>  Article 72-2 (Invalidation Trial on Registration for Conversion of Classification of Goods)  
 (1) An interested party or an examiner may requ est an invalidation trial in cases where a registration 
of the conversion of the classification of goods falls  under any of the following subparagraphs. In this 
case, if there are two or more designated goods rela ting to the registration for the conversion of the 
classification of goods, a request for an invalidation trial may be made for each of the designated 
goods: 1. Where the registration of the conversion of the classification of goods has been granted for 
designated goods not covered by the present regi stered trademark or where the scope of the 
designated goods has been expanded;  2. Where an application for the registration for the conversion of the classification of goods has been 
filed by a person who is not the owner of the trademark right concerned; IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 38 
 
 
 3. Where the registration for the conversion of the classification of goods is in violation of 
Article 46 2 (3).   (2) Article 71 (2) and (5) shall apply mutatis muta ndis to invalidation trials on registration of the 
conversion of the classification of goods.  
 (3) Where a trial decision invalidating a registrati on of the conversion of the classification of goods 
has become final and binding, the registration of the conversion of the classification of goods shall be 
deemed to have never existed.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 73 (Cancellation Trial on Trademark Registration)  
 (1) If a registered trademark falls under any of th e following subparagraphs, a cancellation trial on the 
trademark registration may be requested: <Amende d by Act No. 5355, Aug. 22, 1997; Act No. 7290, 
Dec. 31, 2004> 1. Deleted; <by Act No. 5355, Aug. 22, 1997>  2. Where an owner of a trademark right makes c onsumers mistake the quality of goods or confused 
with goods related to any business of another person by using intentionally a trademark similar to the 
registered trademark on the designated goods, or usi ng the registered trademark or similar trademark 
on goods similar to the designated goods; 
3. Where an owner of a trademark right, exclusive or non-exclusive licensee fails to use the registered 
trademark on the designated goods in Korea without any justifiable reason, for three or more years consecutively before a cancellation trial is requested; 4. Where it is in contravention of the provisions of  Article 54 (1) (latter part), (5), (7) through (9); 
5. Where for a collective mark, a member of the or ganization concerned allows another person to use 
the collective mark in contravention of the articles of association of the organization, or a member of 
the organization concerned misleads consumers as to the quality or geographical origin of the goods 
or makes them confused with goods related to any business of another person by using the collective 
mark in contravention of the articles of association of the organization: Provide d, That this shall not 
apply to a case where an owner of the collective ma rk right pays a considerable attention to the 
supervision of the member; 
6. Where it might make consumers mistake the quality of goods or confused wi th goods related to any 
business of another person by modifying the articl es of association under Article 9 (3) after the 
establishment of the collective mark is registered; 7. Where a trademark falling under the main sentence of Article 23 (1) 3 is registered, and an owner 
of the right to the trademark requests a cancellation trial within five years from the day of trademark 
registration; 8. Where an exclusive or non-exclusive licensee mi sleads consumers as to the quality of goods or 
makes them confused with goods related to any business of anothe r person by using the registered 
trademark or similar trademark on the designated goods  or similar goods: Provided, That this shall not 
apply to a case where an owner of trademark right pays a considerable attention;  
9. Where similar trademarks belong to different ow ners of trademark right because of transfer of 
trademark right, and one of them misleads consum ers as to the quality of goods or makes them 
confused with goods related to any business of another person by using his/her own registered 
trademark upon designated goods like or similar goods designated by his own registered trademark to 
perform practices of unfair competition; 
10. Where for a collective mark, a third person misl eads consumers as to th e quality or geographical 
origin of goods, or makes them confused with goods related to any business of another person, by 
using the collective mark, and, in spite of such fa ct, an owner of the collective mark right does not 
take a proper measure therefor on purpose; IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 39 
 
 
 11. Where, after effecting the registration of a geographical collective mark, the owner of the 
geographical collective mark right prohibits any person who produces, manufactures, or processes 
designated goods entitled for the geographical indi cation as a business from joining the organization 
through the articles of association of the organization concerned, or includes very strict conditions of 
entry into the organization in the articles of asso ciation concerned, which do not substantially allow 
any other person to join the organization, or allows  any person disqualified for using the geographical 
indication to enter the organization;  12. Where for a geographical collective mark, the owne r of the geographical collective mark right or a 
member of the organization concerned misleads cons umers as to the quality of the goods or makes 
them confused with the geographical origin of the goods by using the collective mark in contravention 
of Article 90-2.  (2) Deleted. <by Act No. 5355, Aug. 22, 1997>   
(3) Where a cancellation trial is requested by the r eason that it falls under paragraph (1) 3, if there are 
two or more designated goods of the registered trademark, a cancellation trial may be requested on 
some of the designated goods.  (4) Where a cancellation trial is requested by the r eason that it falls under paragraph (1) 3, an owner 
of trademark right may not be exempted from the cancellation of the trademark registration as to the 
designated goods related to a request for cancellation trial, unless the defendant proves that he/she has 
used duly in Korea the registered trademark on one or more designated goods related to a request for 
cancellation trial within three years before the day of  trial request: Provided, That this shall not apply 
to cases where the defendant has proved a justif iable reason for not using it. <Amended by Act 
No. 5355, Aug. 22, 1997> 
 
(5) After a cancellation trial is requested by the reas on that it falls under paragra ph (1) 2, 3, 5, 6, and 8 
through 12, even where the fact corresponding to the cause of the trial request  ceases to exist, the 
cause of cancellation shall not be affected. <Ame nded by Act No. 5355, Aug. 22, 1997; Act No. 7290, 
Dec. 31, 2004>  
(6) A cancellation trial under paragraph (1) may be re quested by an interested  party only: Provided, 
That a trial on any ground falling under paragraph (1 ) 2, 5, 6, or 8 through 12 may be requested by 
any person. <Amended by Act No. 9987, Jan. 27, 2010>  (7) When a trial decision that a trademark registration be cancelled becomes final and binding, the 
trademark right shall be extinguished from that time onward. 
 (8) Article 71 (5) shall apply mutatis mutandis to requests for trial referred to in paragraph (1). 
<Amended by Act No. 5355, Aug. 22, 1997; Act No. 6765, Dec. 11, 2002>  Article 74 (Cancellation Trial on Registration of Exclusive or Non-Exclusive License) 
 
(1) Where an exclusive or non-exclusive licensee commits an act falling under Article 73 (1) 8, a 
cancellation trial on registration of exclusive or non-exclusive license may be requested.  (2) After a cancellation trial on a registration of ex clusive or non-exclusive license is requested by the 
reason that it falls under paragraph (1), even wher e the fact corresponding to the cause of the trial 
request disappears, the cause of cancellation shall not be affected.   (3) Any person may request a trial on cancellation of exclusive or non-exclusive license under paragraph (1).  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 40 
 
 
  
(4) Where a trial decision that the registration of exclusive or non-exclusive license be cancelled 
becomes final and binding, the exclusive or non-ex clusive license shall be extinguished from that time 
onward. 
 
(5) The presiding administrative patent judge sha ll, upon a request under paragraph (1), notify the 
effect of such request to a non-exclusive licensee on the exclusive license and other persons with 
registered rights related to the exclusive license, or to persons with registered rights related to the non-
exclusive license. 
 
Article 75 (Trial to Confirm Scope of Right) An owner of the trademark right, exclusive licensee, or  interested party may request a trial to confirm 
the scope of the trademark right for the purpose of confirming the scope of right to the registered trademark. <Amended by Act No. 8190, Jan. 3, 2007> 
 
Article 76 (Period of Limitation)  (1) An invalidation trial on a trademark registration,  a registration for renewal of term of a trademark 
right, and a registration of the conversion of the cl assification of goods under Article 7 (1) 6 through 
9-2 and 14, Articles 8, 72 (1) 2, and 72-2 (1) 3 may not be requested after five years from the 
registration date of the trademark, the registration da te of the renewal of term of the trademark right, 
or the registration date of the conversion of the classification of goods. <Amended by Act No. 4597, 
Dec. 10, 1993; Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001; Act No. 7290, 
Dec. 31, 2004>  
(2) A cancellation trial on a trademark registrati on and on the registration of an exclusive or non-
exclusive license under Articles 73 (1) 2, 5, 6, and 8 through 12 and 74 (1) may not be requested after 
three years from the date on whic h the alleged facts have ceased to  exist. <Amended by Act No. 5355, 
Aug. 22, 1997; Act No. 7290, Dec. 31, 2004>  Article 77 (Mutatis Mutandis A pplication of Patent Act)  
Articles 139, 140, 141 through 153, 153-2 and 154 thr ough 166 of the Patent Act shall apply mutatis 
mutandis to trials. In such cases, "invalidation tr ial under Articles 133 (1), 134 (1) and 137 (1)" in 
Article 139 (1) of the same Act shall be read as "i nvalidation trial provided for in Articles 71 (1), 
72 (1) and 72-2 (1), and the cancellation trial provided  for in Article 73 (1)," "a trial for invalidating a 
patent under Article 133 (1)" in Article 161 (2) of the same Act shall be read as "invalidation trial 
provided for in Articles 71 (1), 72 (1) and 72-2 (1)," "another trial" in Article 164 (1) of the same Act 
shall be read as "decision or other trial on the appl ication for the objection raised to the trademark 
registration", "Articles 133 (1), 134 (1), 135 and 137 (1)" in Article 165 (1) of the same Act shall be read as "Articles 71 (1), 72 (1), 72-2 (1), 73 (1 ) and 75" and "Article 132-3, 136 or 138" in 
Article 165 (3) of the same Act shall be read as "Article 70-2 or 70-3", respectively. <Amended by 
Act No. 8190, Jan. 3, 2007> 
[This Article Wholly Amended by Act No. 6414, Feb. 3, 2001] 
 Article 78 Deleted. <by Act No. 4895, Jan. 5, 1995>  Article 79 (Formal Requirements of Request for Tr ial on Decision of Refusal or Ruling to Dismiss 
Amendment) 
 (1) Any person who requests a trial on the decision of  refusal under Article 70-2 or a trial on a ruling 
to dismiss an amendment under Article 70-3 shall s ubmit to the President of the Intellectual Property IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 41 
 
 
 Tribunal a written request for trial specifying the following matters: <Amended by Act No. 4895, 
Jan. 5, 1995; Act No. 6414, Feb. 3, 2001> 1. The name and address of requester (in case of a corporation, its title and place of business);  1-2. The name, address, or place of business, if any, of  an agent (if the agent is a patent corporation, 
its title, place of office, and the name of the designated patent attorney);  
2. The filing date and the application number;  3. The designated goods and the classification thereof;  4. The date of examiner's decision of re fusal or ruling to dismiss an amendment;  
5. The indication of the trial case;  
6. The purpose and reasons for the request; 
7. Deleted. <by Act No. 6414, Feb. 3, 2001>  (2) Where a trial on the decision of refusal under Artic le 70-2 is requested, and where such decision of 
refusal is based on the acceptance of an objection to the trademark registration, the President of the 
Intellectual Property Tribunal shall notify the eff ect thereof to the applicant. <Amended by Act 
No. 4895, Jan, 5, 1995; Act No. 6414, Feb. 3, 2001>  Article 80 Deleted. <by Act No. 4895, Jan. 5, 1995>  Article 81 (Mutatis Mutandis Application of Provisi ons concerning Examination to Trial on Decision 
of Refusal)  
 (1) Articles 15, 17, 18, 23 (2), 24, 24-2, 24-3, 25 through 30, 46-4 (2) and 48 (2) shall apply mutatis 
mutandis to trials on decision of refusal. In such ca ses, Article 24 shall not apply mutatis mutandis to 
cases where an application for trademark registrati on or additional registration of designated goods 
has already been published. <Amended by Act No. 9987, Jan. 27, 2010> 
 (2) Where Article 17 is applicable mutatis mutandi s under paragraph (1), the phrase "if any applicant 
requests a trial on a ruling to dismiss an amendment under Article 70-3" in Artic le 17 (3) shall be read 
as "if a lawsuit is brought under Article 186 (1) of the Patent Act applicable mutatis mutandis under 
Article 86 (2)", and the phrase "until the trial decisi on becomes final and binding" shall be read as 
"until the judgement becomes final and binding".  <Amended by Act No. 4895, Jan. 5, 1995; Act 
No. 8190, Jan. 3, 2007>  (3) Articles 17 (4) through (6), 23 (2), 46-4 (2 ) and 48 (2) applicable mutatis mutandis under 
paragraph (1) shall apply mutatis mutandis to cases wh ere the reasons for decision of refusal and other 
grounds for refusal are found. <Amended by Act No. 9987, Jan. 27, 2010> 
 Article 82 (Special Provisions for Trial on Decision of Refusal or Ruling to Dismiss Amendment)   (1) Articles 172 and 176 of the Patent Act shall apply mutatis mutandis to trials on decision of refusal 
and ruling to dismiss an amendment. In such cases, "Article 132-3" in Article 176 (1) of the Patent 
Act shall be read as "Article 70-2 or 70-3", and "d ecision ruling of refusal to grant a patent or of 
refusal against a registration of an extension of term  of a patent right, or cancellation of a patent" in 
Article 176 (1) of the Patent Act shall be read as "decision of refusal or ruling to dismiss an 
amendment". <Amended by Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007>  
(2) Articles 147 (1) and (2), 155, and 156 of the Pa tent Act which are applicable mutatis mutandis 
under Article 77 shall not apply to trials on decision of  refusal referred to in Article 70-2 and ruling to 
dismiss an amendment referred to in Article 70- 3. <Amended by Act No. 6414, Feb. 3, 2001; Act 
No. 8190, Jan. 3, 2007> [This Article Wholly Amended by Act No. 4895, Jan. 5, 1995] IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 42 
 
 
  
CHAPTER VIII  RETRIAL AND LITIGATION  Article 83 (Request for Retrial)   
(1) Any party may request a retrial on a trial decision which has become final and binding. 
 (2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to requests for retrial 
under paragraph (1). <Amended by Act No. 6626, Jan. 26, 2002; Act No. 8190, Jan. 3, 2007>  
Article 84 (Request for Retrial on Fraudulent Trial Decision) 
 (1) If the parties to a trial have a trial decision made for the purpose of fraudulently injuring the right or interest of the third person in conspiracy with each other, the third person may request a retrial on 
the final and binding trial decision. <Amended by Act No. 4895, Jan. 5, 1995> 
 
(2) In case of request for retrial as referred to in paragraph (1), the parties to a trial shall be joint 
defendants. <Amended by Act No. 4895, Jan. 5, 1995>  Article 85 (Restriction on Effect of Tr ademark Right Restored by Retrial) 
In cases falling under any of the following subparagraphs , no effect of trademark right shall extend to 
any act using in good faith a trademark identical with the registered trademark on any goods identical 
with the designated goods after the trial decision b ecomes final and binding and before the request for 
retrial is registered and to any act falling under any subparagraph of Article 66 (1) or (2): <Amended 
by Act No. 7290, Dec. 31, 2004> 1. Where, after a trademark registration or registration for the renewal 
of term of a trademark right is invalidated, its effect is restored by the retrial; 
2. Where, after a trademark registration is cancelled, its effect is restored by the retrial; 3. Where, after a trial decision that it is not include d in the scope of the trademark right becomes final 
and binding, a trial decision contrary to it becomes final and binding by the retrial. 
 Article 86 (Mutatis Mutandis App lication of Patent Act, etc.)  
 
(1) The provisions of Articles 180 and 184 of th e Patent Act and Article 459 (1) of the Civil 
Procedure Act shall apply mutatis mutandis to the procedures and requests for a retrial. <Amended by 
Act No. 6626, Jan. 26, 2002; Act No. 8190, Jan. 3, 2007>  
(2) The provisions of Articles 186 through 188, 189 a nd 191-2 of the Patent Act shall apply mutatis 
mutandis to a litigation. In this case, "action against a trial decision" in Article 186 (1) of the same Act 
shall be read as "action against a trial deci sion and ruling to dismiss an amendment under 
Article 17 (1) applied mutatis mutandis under Artic le 81 (1) (including cases under Article 184 of the 
Patent Act applied mutatis mutandis under Article 86 (1))" and "Articles 133 (1), 134 (1), 135 (1), 
137 (1) and 138 (1) and (3)" in the proviso of Article 187 of the same Act shall be read as 
"Articles 71 (1), 72 (1), 72-2 (1), 73 (1) and (2), 74 (1) and 75". <Amended by Act No. 4895, 
Jan. 5, 1995; Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007>  CHAPTER VIII-2 INTERNATIONAL A PPLICATION UNDER PROTOCOL 
SECTION1 International Application, etc. 
Article 86-2 (International Application)  
Any person who desires to obtain an internationa l registration (hereinafter referred to as an 
"international registration") as referred to in Artic le 2 (1) of the Protocol shall file with the 
Commissioner of the Korean Intellectual Property Offi ce an international application on the basis of a IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 43 
 
 
 registered trademark or an application for tradem ark registration that falls under any of the following 
subparagraphs:  1. The applicant's application for trademark registration;  2. The applicant's trademark registration; or  
3. The applicant's application for trademark regist ration and the applicant's trademark registration.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-3 (Qualifications for Applicant)   
(1) Any person who may file an international a pplication with the Commissioner of the Korean 
Intellectual Property Office shall be as follows: 1. A national of the Republic of Korea; or  2. A person who has an address (in case of a corporation, its place of business) in the Republic of Korea. 
 
(2) Where two or more persons file a joint inte rnational application, they shall meet, as the 
qualifications for applicant, the requirements for an applicant as prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amende d by Act No. 8852, Feb. 29, 2008>  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-4 (Procedure for International Application)  
 (1) Any person desiring to file an international application shall submit to the Commissioner of the 
Korean Intellectual Property Office a request for an international application (hereinafter referred to 
as "international application") and the documents nec essary for an international application, which are 
to be prepared in a language prescribed by Or dinance of the Ministry of Knowledge Economy. 
<Amended by Act No. 8852, Feb. 29, 2008>  (2) The following particulars shall be indicated in  an international application: <Amended by Act 
No. 8852, Feb. 29, 2008> 1. The name and address of the applicant (in case of a corporation, its title a nd the location of its place 
of business);  
2. Matters relevant to the qualifications  for an applicant under Article 86-3;  
3. The names of the contracting States (includi ng inter-governmental or ganizations; hereinafter 
referred to as "designated State") where protection of the trademark is desired;  4. The filing date and the application number of the basic application under Article 2 (1) of the 
Protocol (hereinafter referred as to "basic appli cation") or the registration date and the registration 
number of the basic registration under Article 2 (1) of  the Protocol (hereinafter referred as to "basic 
registration");  5. The trademark for which internati onal registration is being sought;  
6. The goods and the classification of goods for whic h international registrati on is being sought; and  
7. The particulars prescribed by Ordinance of the Ministry of Knowledge Economy.  
 
(3) Where a person desiring to file an international application claims color as a distinctive feature of 
a trademark, he shall be required to state the pur pose thereof and the color or the combination of 
colors, and to append a copy of the said trademar k in color to the international application. 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-5 (Examination, etc. of Par ticulars in International Application) 
 (1) Where the particulars entered in an internati onal application correspond to the particulars entered 
in the basic application or the basic registration, the Commissioner of the Korean Intellectual Property IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 44 
 
 
 Office shall indicate an acknowledgement of the correspondence and the date of receipt of the 
international application in th e international application.  
 (2) After indicating the date of receipt, etc. unde r paragraph (1), the Commissioner of the Korean 
Intellectual Property Office shall transmit the inte rnational application and the documents necessary 
for the international application to the Interna tional Bureau under Article 2 (1) of the Protocol 
(hereinafter referred to as the "International Bureau") and a copy of the international application to the 
applicant.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-6 (Subsequent Designation)   (1) A holder of an international registration who d esires to extend protection of an internationally 
registered trademark by subsequently designa ting additional states or inter-governmental 
organizations (hereinafter referred to as "sub sequent designation") may request a subsequent 
designation from the Commissioner of the Korean Intellectual Property Office, as prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 8852, Feb. 29, 2008> 
 (2) In the application of paragraph (1), a holder of an international registration may subsequently 
designate all or part of the internati onally registered and designated goods.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-7 (Renewal of Term)   (1) A holder of an international registration may rene w the term of an international registration every 
10 years.  
 (2) Any person who desires to renew the term of an  international registration under paragraph (1) may 
request the renewal of the term of internationa l registration to the Commissioner of the Korean 
Intellectual Property Office, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-8 (Change of Record in Owner ship of International Registration)  
 (1) A holder of an international registration or hi s successor may record a change in the ownership of 
an international registration with regard to all or part of the designated goods or the designated States.  
 (2) A person who desires to record a change in th e ownership of an intern ational registration under 
paragraph (1) may file a request for record of a ch ange of ownership of an international registration 
with the Commissioner of the Korean Intellectual Pr operty Office, as prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amende d by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-9 (Payment of Fees)   (1) Any person who falls under any of the foll owing subparagraphs shall pay a fee to the 
Commissioner of the Korean Intellectual Property Office: 
1. A person who desires to file an international application;  2. A person who desires to make a subsequent designation;  3. A person who desires to request the renewal of the term of an international registration under 
Article 86-7; and IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 45 
 
 
 4. A person who desires to request the record of  a change in the ownership of an international 
registration under Article 86-8.   (2) Matters necessary for the fees, the payment meth ods and period thereof under paragraph (1) shall 
be prescribed by Ordinance of the Ministry of  Knowledge Economy. <Ame nded by Act No. 8852, 
Feb. 29, 2008> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-10 (Correction for Unpaid Fees) 
Where a person who falls under any s ubparagraphs of Article 86-9 (1) fails to pay the fees required 
under Article 86-9 (2), the Commissioner of the Korean Intellectual Property Office may order him to correct it within a designated time limit.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-11 (Invalidation of Procedure)  
Where a person who has been ordered to make co rrection under Article 86-10 fails to pay the fees 
within the designated time limit, the Commissioner of the Korean Intellectual Property Office may 
invalidate the said procedure.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-12 (Registration of Ch ange in Particulars of International Registration, etc.)  
Matters necessary for a request for registration of a change into the particulars of an international 
registration or other international applications sha ll be prescribed by Ordinance of the Ministry of 
Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-13 (Exclusion for Business Emblem)  The provisions of Articles 86-2 through 86-12 shall not apply to business emblems.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  SECTION 2 Special Cases on Application fo r International Trademark Registration 
Article 86-14 (Application for Intern ational Trademark Registration) 
 (1) An international application that has been regi stered internationally under the Protocol and that 
designates the Republic of Korea as a designated Stat e (including subsequent designation) shall be 
considered to be an application for trademark registration under this Act. 
 
(2) In the application of paragraph (1), the date of  international registration under Article 3 (4) of the 
Protocol (hereinafter referred to as the "date of in ternational registration") sh all be considered to be 
the filing date of application for trademark regist ration under this Act: Provided, That in case of an 
international application that subsequently designa tes the Republic of Korea, the date on which the 
subsequent designation is recorded in the Internati onal Register (referring to th e International Register 
under Article 2 (1) of the Protocol; hereinafter the same shall apply) (hereinafter referred to as the 
"date of subsequent designation") shall be deemed the filing date of the application for trademark 
registration under this Act.   (3) In the event that an international application is considered to be an application for trademark 
registration under paragraph (1), the name and addr ess of the owner of the international registration 
(in case of a corporation, its title and the locatio n of its place of business), the trademark, the 
designated goods and the classifications thereof that ar e recorded in the International Register shall be 
deemed to be the name and address of the applican t (in case of a corporation, its title and the location IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 46 
 
 
 of its place of business), the trademark, the designated goods and the classifications thereof, 
respectively, under this Act.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-15 (Special Cases for Business Emblem)  
The provisions for business emblems shall not apply to an application for international trademark 
registration.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-16 (Special Cases for Application for International Trademark Registration)  
 (1) In applying this Act to an application for inte rnational trademark registration, the purport of the 
priority claim, the name of the country in which th e application was initially filed, and the filing date 
of the application recorded in the International Re gister shall be deemed to be the purport of the 
priority claim, the name of the country in which th e application was initially filed, and the filing date 
of the application that are indicated in th e application for trademark registration.  
 (2) In applying this Act to an application for inte rnational trademark registration, the purport of the 
trademark that is featured by the three-dimensi onal shape, any color, any hologram, any motion and 
other visually identifiable items registered on the In ternational Register shall be deemed the purport of 
the trademark means the purport of the trademark that  is featured by the three-dimensional shape, any 
color, any hologram, any motion and other visually identifiable items, which are all entered in the 
application filed for registering the trademark. <Amended by Act No. 8190, Jan. 3, 2007>  (3) A person who desires to obtain registration for a collective mark shall submit the articles of 
association prescribed by Article 9 (3) within the time  limit fixed by Ordinance of the Ministry of 
Knowledge Economy. In such cases, a person who intends to have a geographical collective mark 
under Article 2 (1) 3-4 registered shall submit a doc ument stating the points of the mark application 
and the documents, as prescribed by Presidential Decr ee, attesting to the fact that it conforms to the 
definition of geographical indication under Article 2 (1 ) 3-2, together with the articles of association. 
<Amended by Act No. 7290, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-17 (Effect of Application for Intern ational Trademark Registration where Domestic 
Trademark has been Registered)   
(1) Where an owner of trademark right the establishm ent of which has been registered in the Republic 
of Korea (excluding trademarks registered by mean s of an application for international trademark 
registration; hereafter referred to as a "domestically registered trademark" in this Article) files an application for international tradem ark registration, if all of the fo llowing subparagraphs are fulfilled, 
the application for international trademark registration shall be deemed to be filed on the filing date of 
the application for trademark registration that corresponds to the said domestically registered 
trademark and be deemed to be within th e overlapping scope of designated goods:  
 1. The trademark registered under the application for international trademark registration in the 
International Register (hereinafter referred to as an "internationally registered trademark") shall be 
identical to the domestically registered trademark;  
2. The holder of the internationally registered tr ademark shall be identical to the owner of the 
domestically registered trademark;  3. All designated goods of the domestically regi stered trademark shall be included as designated 
goods of the internationally registered trademark;  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 47 
 
 
 4. Territorial extension under Article  3-3 of the Protocol shall be eff ective after the registration date of 
the domestically registered trademark.   (2) Where the priority under the treaty for the appl ication for trademark registration related to the 
domestically registered trademark under paragraph (1) is recognized, the priority shall also be 
recognized with regard to the application for in ternational trademark registration under the same 
paragraph.   (3) Where the right of the domestically registered tr ademark is cancelled or extinguished under any of 
the following subparagraphs, the effect of the c oncerned application for international trademark 
registration under paragraphs (1) and (2) shall not be recognized within the same scope of the 
designated goods of the cancelled or extinguished  trademark right: <Amended by Act No. 7290, 
Dec. 31, 2004>  
1. Where a trial decision cancelling the tradem ark registration by a reason of falling under 
Article 73 (1) 2, 3, and 5 through 12 has become final and binding; 2. Where a trial for the cancellation of a trademar k registration is requested by a reason of falling 
under Article 73 (1) 2, 3, and 5 through 12, and th e trademark right has become extinguished due to 
the expiration of the trademark term or to the abandonment of some of the trademark rights or designated goods after the request da te of the trial for cancellation.  
 
(4) Anyone who intends to file the application pur suant to the provisions of Article 4-2 (2) of the 
Protocol shall file with the Commissioner of the Ko rean Intellectual Property Office an application in 
which the matters falling under each of the followi ng subparagraphs are entered: <Newly Inserted by 
Act No. 8190, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> 
 
1. The name and domicile of the holder of the inte rnationally registered trademark (in the case of any 
corporation, its title and the location of its place of business);  2. The number of his international registration; 3. The number of his registered trademark in Korea; 4. The overlapping registered goods;  
5. Other matters as prescribed by Ordinance of the Ministry of Knowledge Economy. 
 (5) Every examiner shall, upon receiving the app lication filed for registering the international 
trademark pursuant to the provisions of paragraph (4 ), notify the applicant as to whether to recognize 
its effects referred to in the provisions of para graphs (1) through (3). <Newly Inserted by Act 
No. 8190, Jan. 3, 2007> 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-18 (Special Cases for Succession and Divided Transfer, etc. of Application)   (1) In applying Article 12 (1) to applications for international trademark registration, "an applicant 
makes a notice of change of applicant, except in cases of inheritance and other general succession" 
shall be read as "the applicant reports the change of the name of the applicant to the International 
Bureau".  (2) Where part or all of the designated goods of international registration have been divided and 
transferred by the change in name of the internati onal registration, each application for international 
trademark registration shall be deemed to have been filed by each changed holder of the name.  
 (3) The provisions of Article 12 (4) shall not a pply to applications for international trademark 
registration.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 48 
 
 
 [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-19 (Special Cases for Amendment)   
(1) In applying Article 14 (1) to applications fo r international trademark registration, "designated 
goods and trademark as to an application for tradem ark registration" shall be read as "designated 
goods as to an application for trademark registration only when the applicant has been notified of the 
grounds for refusal under Article 23 (2)".   
(2) In applying Article 15 to applications for in ternational trademark registration, "designated goods 
and trademark" shall be read as "designated goods".   (3) The provisions of Article 16 (1) 4 shall not ap ply to applications for international trademark 
registration.  
 
(4) In applying Article 16 (2) or (3) to applica tions for international trademark registration, 
"trademark or designated goods" shall be r ead as "designated goods", respectively.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-20 (Special Cases for Division of Applications)  
The provisions of Article 18 shall not apply to appli cations for international trademark registration.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-21 (Special Cases for Conversion of Applications)  The provisions of Article 19 (1) through (4) shall not apply to applications for international trademark 
registration.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-22 (Special Cases for Priority Claim under Paris Convention)  Article 20 (4) and (5) shall not apply to cases wher e an applicant of an international trademark 
registration claims priority under the Paris Convention. 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-23 (Special Cases for Time of Application and Accelerated Examination)   (1) In applying Article 21 (2) to  applications for international trademark registration, the phrase 
"submit a written statement stating such purport to  the Commissioner of the Korean Intellectual 
Property Office, together with the application for trademark registration, and submit a document 
proving the relevant facts to the Commissioner of the Korean Intellectual Property Office within 30 
days from the filing date of application for tradem ark registration" shall be read as "submit a written 
statement stating purport of such intention and a doc ument proving the relevant facts within the time 
limit prescribed by Ordinance of the Ministry of Knowledge Economy". <Amended by Act No. 8852, 
Feb. 29, 2008> 
 (2) Article 22-4 (2) shall not apply to applications  for international trademark registration. <Newly 
Inserted by Act No. 9987, Jan. 27, 2010> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-24 (Special Case for Notification of Grounds for Refusal)  In applying Article 23 (2) to applications for intern ational trademark registration, "to the applicant" 
shall be read as "to the applicant through the International Bureau". 
[This Article Newly Inserted by Act No. 8190, Jan. 3, 2007] IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 49 
 
 
  
Article 86-25 (Special Cases for Publication of Application)  In applying Article 24 (1) to applications for intern ational trademark registration, "fails to find any 
ground for rejecting" shall be read as "fails to fi nd any ground for rejecting within the time limit 
prescribed by Ordinance of the Ministry of Kn owledge Economy". <Amended by Act No. 8852, 
Feb. 29, 2008> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-26 (Special Cases for Right to Demand Compensation for Loss) 
In applying the proviso to Article 24-2 (1) to appli cations for international trademark registration, "a 
copy of the said application for trademark registrati on" shall be read as "a copy of the relevant 
application for internationa l trademark registration".  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-27 (Special Cases for Decision of Trademark Registration and Amendment Ex Officio)  
 (1) In applying Article 30 to applications for in ternational trademark registration, "cannot find any 
grounds for refusing" shall be read as "cannot find  any grounds for refusing within the time limit 
prescribed by Ordinance of the Ministry of Kn owledge Economy". <Amended by Act No. 8852, 
Feb. 29, 2008> 
 
(2) Article 24-3 shall not apply to applications for international trademark registration. <Newly 
Inserted by Act No. 9987, Jan. 27, 2010> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-28 (Special Cases for Trademark Registration Fees, etc.)  
 (1) Any person desiring to file an application for in ternational trademark registration or to renew the 
term of a trademark right the establishment of  which has been registered under Article 86-31 
(hereinafter referred to as "trademark right based  on an international registration") shall pay the 
individual fee prescribed by Article 8 (7) (a) of  the Protocol to the International Bureau. 
 
(2) Matters necessary for the payment of individua l fees under paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 8852, Feb. 29, 2008> 
 (3) The provisions of Articles 34, 34-2, 35, 36, 36 -2 and 36-3 shall not apply to applications for 
international trademark registrations or to tradem ark rights based on an international registration. 
<Amended by Act No. 8190, Jan. 3, 2007> [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-29 (Special Cases for Refund of Trademark Registration Fees, etc.)  In applying the main sentence of Article 38 (1) to a pplications for international trademark registration, 
"trademark registration fees and service fees that have been paid" shall be read as "fees which have 
been paid", and in applying the proviso to Article  38 (1), and Article 38 (2) and (3), "trademark 
registration fees and service fees" shall be read as "fees". [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-30 (Special Cases for Registration in Trademark Register)  
 (1) In applying Article 39 (1) 1 to trademark rights based on the international registration, 
"establishment, transfer, modification, extingu ishment, renewal of te rm, conversion of the 
classification of goods under Article 46-2, additiona l registration of designated goods, or restriction IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 50 
 
 
 on disposal, of a trademark right" shall be read as "establishment or restriction on disposal of a 
trademark right".  (2) The transfer, modification, extinguishment, or renewal of term of trademark right based on an 
international registration shall be based on the registration of the International Register.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-31 (Special Cases for Registrati on of Establishment of Trademark Right) 
In applying Article 41 (2) to applications for re gistering any international trademark, "where 
trademark registration fees (referring to the first instalment of trademark registration fees if payment 
is made in instalments under the latter part of Artic le 34 (1); hereafter the same shall apply in this 
paragraph) are paid in accordance with Article 34 (1) or 35, where the remainder of trademark 
registration fees are paid in accordance with Article  36-2 (2), or where trademark registration fees are 
paid or the remainder payment is made in accordan ce with Article 36-3 (1)" shall be read as "when a 
decision to register a trademark has been rendered". 
[This Article Wholly Amended by Act No. 9987, Jan. 27, 2010]  Article 86-32 (Special Cases for Term, etc. of Trademark Rights)  (1) The term of the trademark rights based on the in ternational registration shall be from the date of 
registration of its establishment under Article 86-31 to ten years from the date of the international 
registration.  (2) The term of the trademark rights based on the in ternational registration may be renewed in the unit 
of ten years upon renewal of the term of the international registration. 
 
(3) Where the term of the trademark rights based on  the international registration has been renewed 
under paragraph (2), the term of the trademark righ t based on the international registration shall be 
deemed to have been renewed at th e time of expiration of the said term. 
 (4) Articles 42, 43, 46, 46-2, 46-4, 46-5, 49 (1) a nd (2) and 64-2 shall not apply to trademark rights 
based on the international registration. 
<Amended by Act No. 9987, Jan. 27, 2010>  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-33 (Special Cases for Application fo r Additional Registration of Designated Goods) 
Articles 47, 48, and 49 (3) shall not apply to applicat ions for international trademark registration or to 
trademark rights based on international registration. [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-34 (Special Cases for Division of Trademark Right)  The provisions of Article 54-2 shall not apply to tr ademark rights based on international registration.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-35 (Special Cases for Effects of Trademark Right Registration)   (1) The transfer, modification, extinguishment by abandonment or renewal of a term of trademark 
rights based on international registration shall be of no effect unless it is recorded in the International 
Register.   (2) The provisions of Article 56 (1) 1 (excluding the part relating to the restriction on disposal) shall 
not apply to trademark rights based on an international registration.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 51 
 
 
  
(3) In applying Article 56 (2) to trademark rights b ased on international registration, "trademark right 
and exclusive license" shall be read as "exclusive license". [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-36 (Effects of Extinguishmen t of International Registration)  
 (1) Where all or part of an international registrati on on which an international trademark application is 
based has been extinguished, the a pplication for international tradem ark registration shall be deemed 
to have been withdrawn to the extent of which all or some of the designated goods have been 
extinguished.   (2) Where all or part of an international registrati on on which an international trademark application is 
based has been extinguished, the tr ademark right shall be deemed to  have been extinguished to the 
extent of which all or some of the designated goods have been extinguished.  
 (3) The effects of withdrawal or extinguishment unde r paragraph (1) or (2) shall enter into force from 
the date on which the international registration in the International Register has been extinguished.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  
Article 86-37 (Special Cases for Abandonment of Trademark Right)  
 (1) The provisions of Article 60 (1) shall not appl y to a trademark right b ased on an international 
registration.   
(2) In applying Article 61 to a trademark right based on an international registration, "trademark right 
and exclusive license" shall be read as "exclusive license".  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  Article 86-38 (Special Cases for Invalidation Trial of  Registration for Renewal of Term of Trademark 
Right)  
The provisions of Articles 72 and 72-2 shall not appl y to a trademark right based on an international 
registration.  [This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  SECTION 3 Special Cases for Application for Trademark Registration  
Article 86-39 (Special Cases for Applications fo r Trademark Registration after Extinguishment of 
International Registration)   (1) Where an international trademark registration designating (including subsequent designations) the 
Republic of Korea has expired with respect to all or some of the designated goods under Article 6 (4) 
of the Protocol, the holder of said international re gistration may file an application for trademark 
registration with the Commissioner of the Korean Inte llectual Property Office for all or some of said 
designated goods.   (2) Where an application for trademark registration under paragraph (1) fulfils all the requirements of 
the following subparagraphs, the application shall be  deemed to have been filed on the date of the 
international registration (in case of a subseque nt designation, the date of said subsequent 
designation):  1. The application under paragraph (1) shall be f iled within three months from the extinguishment 
date of international registrati on under the same paragraph;  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 52 
 
 
 2. The designated goods of the application for tr ademark registration under paragraph (1) shall be 
among the designated goods contained in the interna tional registration under the same paragraph; and  
3. The trademark for which a trademark registration is  being sought shall be identical to the trademark 
of the extinguished international registration.  
 
(3) Where a right of priority is recognized under a treaty for an application for international trademark registration that is filed in connection with an in ternational registration under paragraph (1), the said 
right of priority is recognized for the applica tion for the trademark registration under the same 
paragraph.  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-40 (Special Cases for Application for Trademark Registration after Denunciation of Protocol)   
(1) Where a holder of the international registrati on designating (including subsequent designations) 
the Republic of Korea is no longer qualified to  file an international application under 
Article 15 (5) (b) of the Protocol, the holder of the said international registration may file an 
application for trademark registration to the Commi ssioner of the Korean Intellectual Property Office 
with respect to all or some of the designated goods of the international registration.   
(2) Article 86-39 (2) and (3) shall apply mutatis muta ndis to an application for trademark registration 
under paragraph (1). In this case, "within three m onths from the extinguishment date of international 
registration under the same paragraph" in Article 86-39 (2) 1 shall be read as "within two years from 
the date on which the denunciati on under Article 15 (3) of the Protocol became effective".  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 
Article 86-41 (Special Cases for Examination)  The provisions of Articles 23, 24, and 25 through 29  shall not apply to cases where an application for 
trademark registration that falls under any of the fo llowing subparagraphs (hereinafter referred to as a 
"re-application") is filed for a registered mark of  the principal the establishment of which has been 
registered under Article 86-31:  
1. An application for trademark registration that fulfils all requirements of the subparagraphs of 
Article 86-39 (2) and is filed under Article 86-39 (1);  2. An application for trademark registration that fu lfils all the requirements of the subparagraphs of 
Article 86-39 (2), which applies mutatis mutandis to  Article 86-40 (2), and is filed under Article 86-
40 (1).  
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001] 
 Article 86-42 (Special Cases for Period of Limitation)  Where the establishment of a trademark has been registered by re-application and the period of 
limitation under Article 76 (1) for the previous tr ademark right based on the international registration 
has expired, an invalidation trial against the tradem ark the establishment of which has been registered 
by re-application may not be requested. 
[This Article Newly Inserted by Act No. 6414, Feb. 3, 2001]  CHAPTER IX SUPPLEMENTARY PROVISIONS Article 87 (Inspection, etc. of Documents)  
Any person who needs a certificate concerning an app lication for and trial on trademark registration, 
delivery of a certified copy or abstract of a document,  inspection or copying of the trademark register 
and documents, may request it to the Commissioner of  the Korean Intellectual Property Office or the 
President of the Intellectual Property Tribuna l. <Amended by Act No. 4895, Jan. 5, 1995> 
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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 Article 88 (Prohibition of Carrying Out and Publi cation of Documents concerning Application for 
Trademark Registration, Examination, Trial, or  Retrial, or of Trademark Register, etc.) 
 (1) No documents concerning applications for tradem ark registration, examinations, objections raised 
to trademark registration, trials and retrials or th e trademark register shall be shipped out except any 
case falling under any of the following subparagraphs : <Amended by Act No. 8190, Jan. 3, 2007; Act 
No. 10012, Feb. 4, 2010> 1. Where the documents concerning applications  for trademark registration, application for 
geographical collective mark registration, examin ations or objections raised to the trademark 
registrations are shipped out in order to screen the trademarks, etc. pursuant to Article 22-2 (1) 
through (3); 2. Where the documents concerning applications fo r trademark registration, examinations, objections 
raised to the registrations of tradem arks, trials and retrials or the tr ademark register are shipped out in 
order to commission the work of digitizing the trademark documents pursuant to Article 217-2 (1) of 
the Patent Act that is applied mu tatis mutandis under Article 92;  
3. Where the documents concerning applications fo r trademark registration, examinations, objections 
raised to the registration of trademarks, trials and re trials or the trademark register are shipped out in 
order to perform the online remote work provided fo r in Article 32 (2) of the Electronic Government 
Act.  
(2) Expert opinion, testimony, or answer to an inqui ry shall not be given as to the contents of a case 
that is in the process of the application for trademar k registration, examination, the objection raised to 
the trademark registration, trial or retrial or as to a decision to grant or refuse a trademark registration or a trial decision, or the contents of a decision. <Amended by Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001; Act No. 8190, Jan. 3, 2007> 
 
Article 89 (Trademark Gazette)   (1) The Korean Intellectual Property Offi ce shall publish the Trademark Gazette.  
 (2) The Trademark Gazette may be published by elect ronic media as determined by Ordinance of the 
Ministry of Knowledge Economy. <Newly Inserte d by Act No. 5329, Apr. 10, 1997; Act No. 6414, 
Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>  (3) In publishing the Trademark Gazette by electronic media, the Commissioner of the Korean Intellectual Property Office shall make public matt ers relating to the publication of the Trademark 
Gazette, its main contents, and service by pub lication through an information communication 
network. <Newly Inserted by Act No. 5329, Apr. 10, 1997; Act No. 6414, Feb. 3, 2001> 
 (4) Matters to be inserted in the Trademark Gazette  shall be determined by Presidential Decree.  
 Article 90 (Indication of Registered Trademark)  
Where an owner of a trademark right, or an excl usive or non-exclusive licensee uses a registered 
trademark, he may indicate that the trademark is a registered trademark.  Article 90-2 (Indication of Registered Ho monymous Geographical Collective Mark) 
Where two or more registered geographical co llective marks have homonymous relation to each 
other, the owners of such mark rights and the memb ers of the organizations concerned shall, in using 
the registered geographical collective marks, ma ke necessary indications on the goods concerned so 
that consumers are not misled as to their geographical origins. [This Article Newly Inserted by Act No. 7290, Dec. 31, 2004]  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 54 
 
 
 Article 91 (Prohibition of False Indication)  
 (1) No person shall be allowed to perform any of the following acts: <Amended by Act No. 5355, 
Aug. 22, 1997> 
1. Indicating a trademark which is not registered or  applied for a trademark registration, on any goods, 
as if it were a registered trademark or  its registration were applied for;  
2. Indicating a trademark which is not registered or applied for a trademark registration, on advertisements, signboards, tags or  packaging of goods or other bus iness transaction documents, etc. 
as if it were a registered trademark or  its registration were applied for;  
3. Marking on a registered trademark with an indicat ion that the trademark is registered or with any 
sign likely to be confused with such indication, in cases where the registered trademark is used on 
goods other than the designated goods.  (2) Acts of indicating a trademark under paragra ph (1) 1 and 2 shall include goods and packaging, 
advertisement, signboards, or tags  that have become shapes of marks. <Newly Inserted by Act 
No. 5355, Apr. 22, 1997>  Article 91-2 (Special Provisions on Trademarks, etc. Similar to Registered Trademarks)  (1) The term "registered trademark" in Articles 50, 53, 55 (3), 57 (2), 62, 67 (3), 73 (1) 3 and 4, 85, 90 
and 91 shall be deemed to include trademarks, si milar to the registered trademark, which will be 
deemed identical with the registered trademark if th eir colors are the same as those of the registered 
trademark. <Amended by Act No. 5355, Aug. 22, 1997; Act No. 6765, Dec. 11, 2002>  (2) The term "trademark similar to the registered trademark" in Articles 66 (1) 1 and 73 (1) 2 shall be 
deemed not to include trademarks, as similar to the registered trademark, which will be deemed 
identical with the registered trademark if their colors are the same as those of the registered 
trademark. <Amended by Act No. 7290, Dec. 31, 2004>  (3) The term "trademark similar to a registered geographical collective mark of another person" in 
Article 66 (2) 1 shall be deemed not to include tr ademarks, as similar to the registered collective 
mark, which will be deemed identical with the regist ered collective mark if th eir colors are the same 
as those of the registered collective mark. <Newly Inserted by Act No. 7290, Dec. 31, 2004>  (4) The provisions of paragraphs (1) through (3 ) shall not apply to the case of any registered 
trademark that is featured simply by any color or  the combination of colors. <Newly Inserted by Act 
No. 8190, Jan. 3, 2007> 
[This Article Newly Inserted by Act No. 5083, Dec. 29, 1995]  Article 92 (Mutatis Mutandis A pplication of Patent Act)  
The provisions of Articles 217-2 through 220, 222 a nd 224-2 of the Patent Act shall apply mutatis 
mutandis to trademarks: Provided, That the provision s of Article 220 (1) of the Patent Act shall not 
apply to the case where any examiner notifies the a pplicant for registering his international trademark 
of the ground for rejecting the latter's applicati on through the International Bureau in accordance with 
the provisions of Article 86-24. <Amended by Act No. 4895, Jan. 5, 1995; Act No. 5576, Sep. 23, 1998; Act No. 8190, Jan. 3, 2007>  
CHAPTER X PENAL PROVISIONS  
Article 93 (Offense of Infringement)  Any person who has infringed a trademark right or an exclusive license shall be punished by imprisonment for not more than seven years or a fine not exceeding 100 million won. <Amended by 
Act No. 5355, Aug. 22, 1997; Act No. 6414, Feb. 3, 2001> IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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Article 94 (Offense of Perjury)   (1) Where a witness, expert witness, or interpreter, having taken an oath under this Act, makes a false 
statement, gives a false expert opinion, or gives a false interpretation before the Intellectual Property 
Tribunal, such person shall be punished by imprisonmen t for not more than five years or by a fine not 
exceeding 10 million won. <Amended by Act No. 4895, Jan. 5, 1995; Act No. 6414, Feb. 3, 2001> 
 (2) If a person who committed the offense as referred to  in paragraph (1), surrenders himself to justice 
before a decision to grant or refuse a trademark registration or trial decision on the case becomes final 
and binding, the punishment may be reduced or exempted. <Amended by Act No. 6414, Feb. 3, 2001>  Article 95 (Offense of False Indication)  
Any person who has violated Article 91 shall be puni shed by imprisonment for not more than three 
years or a fine not exceeding 20 million won.   Article 96 (Offense of Fraud) Any person who obtains a trademark registrati on, additional registra tion of designated goods, 
registration for the renewal of term of a tradem ark right, registration of the conversion of the 
classification of goods, or trial decision by means of a fraudulent or any other unjust act, shall be 
punished by imprisonment for not more than thr ee years, or a fine not exceeding 20 million won. 
<Amended by Act No. 6414, Feb. 3, 2001>  Article 97 (Joint Penal Provisions) 
If the representative of a juristic person, or an ag ent, an employee or any other employed person of a 
juristic person or an individual has committed an  offense falling under any of  Articles 93, 95 and 96 
with respect to the duties of the juristic person or the individual, not only shall the offender be punished, but also the juristic person shall be puni shed by a fine falling under any of the following 
subparagraphs and the individual sh all be punished by a fine referre d to in the relevant provisions: 
Provided, That this shall not apply where the juri stic person or the individual has not neglected to 
exercise due attention and supervision for the releva nt duties in order to prevent such offense:  
1. In cases of Article 93: A fine not exceeding 300 million won;  2. In cases of Article 95 or 96: A fine not exceeding 60 million won. [This Article Wholly Amended by Act No. 9230, Dec. 26, 2008]   
Article 97-2 (Confiscation)  
 (1) A trademark or packaging that infringes tradem ark rights or exclusive use rights of another under 
Article 93, or obtained by such infringement acti ons, or machinery used for the production of goods, 
trademarks, or packaging shall be confiscated.   
(2) Notwithstanding paragraph (1), the goods which may be easily detached from their trademarks or 
packagings for the purpose of removing the infring ement and which does not affect the function and 
feature of those goods may not be confiscated.  [This Article Newly Inserted by Act No. 5355, Aug. 22, 1997]  
Article 98 (Fines for Negligence) 
 (1) Any person who falls under any of the following subparagraphs, shall be punished by a fine for 
negligence not exceeding five hundred thousand won:  <Amended by Act No. 4895, Jan. 5, 1995; Act 
No. 6626, Jan. 26, 2002; Act No. 8190, Jan. 3, 2007> IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 56 
 
 
 1. A person who takes an oath under Articles 299 (2 ) and 367 of the Civil Procedure Act and makes a 
false statement before the Intellectual Property Tribunal; 2. A person who is ordered to produce or present docum ents or other things in relation to the taking or 
preserving of evidence by the Intellectual Property Tribunal and fails to comply with the order 
without any justifiable reason;  
3. A person who is served with a subpoena from the Intellectual Property Tribunal to appear as a 
witness, expert witness, or interpreter but fails to  comply with the subpoena without any justifiable 
reason or refuses to take an oath or make a statem ent, testimony, expert opi nion, or interpretation. 
 
(2) The fine for negligence as referred to in para graph (1) shall be imposed and collected by the 
Commissioner of the Korean Inte llectual Property Office under th e conditions as prescribed by 
Presidential Decree.  (3) through (5) Deleted. <by Act No. 9678, May 21, 2009> 
 
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on September 1, 1990.  Article 2 (General Transitional Measures) 
Except as provided otherwise in Articles 3 through 8 of  the Addenda, this Act shall be applicable even 
to matters taken place before this Act enters into  force: Provided, That the effect taken under the 
previous provisions shall not be affected.  Article 3 (Transitional Measures concerning Dismissal of Amendment) 
Any amendment made before this Act enters into fo rce shall be subject to the previous provisions. 
 Article 4 (Transitional Measures concerning App lication, etc. for Trademark Registration) 
The examination as to applications for trademark re gistration, registration for the renewal of duration 
of a trademark right and additional registration of  designated goods, and the appellate trial on the 
refusal ruling, made before this Act enters into force shall be subject to the previous provisions. 
 
Article 5 (Transitional Measures concerning Effect  of Registration for Renewal of Duration of 
Trademark Right) In case where a trademark is registered pursuant to th e previous provisions before this Act enters into 
force, and the renewal of trademark right durati on is registered under this Act, the registered 
trademark shall be considered to have been registered under this Act. 
 Article 6 (Transitional Measures concerning Effect of License) The effect of the license registered pursuant to the previous provisions before this Act enters into 
force shall be subject to the previous provisions.  
Article 7 (Transitional Measures concerning Trial, etc. on Registered Trademark) 
 (1) The trial, appellate trial, retr ial and lawsuit on the invalidation tr ial of a trademark registered by 
applications for trademark registration, trademar k right duration renewal re gistration and additional 
registration of designated goods and on the affirmation trial on the scope of right, which is made 
before this Act enters into force, shall be subj ect to the previous provisions, except in case of the 
request as prescribed in the latter part of main sente nce of Article 71 (1) and the latter part of main 
sentence of Article 72 (1).  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
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 (2) Any trial, appellate trial, re trial and lawsuit on a cancellation tr ial of the trademark registration 
requested before this Act enters into force shall be subject to the previous provisions. 
 (3) Any trial, appellate trial, re trial and lawsuit on the cancellation trial of the license registration 
made pursuant to the previous provisions before this  Act enters into force shall be subject to the 
previous provisions, except in case of the request as prescribed by Article 74 (3). 
 Article 8 (Transitional Measures concerning Proce dures and Expenses of Trial, Compensation for 
Damages, etc.) 
The procedures, expenses, compensation for damages, et c. as to the trial, appellate trial, retrial and 
lawsuit requested before this Act enters into fo rce shall be subject to the previous provisions. 
 ADDENDA <Act No. 4541, Mar. 6, 1993> Article 1 (Enforcement Date) 
This Act shall enter into force on the date  of its promulgation. (Proviso Omitted.) 
 Articles 2 through 5 Omitted.  ADDENDA <Act No. 4597, Dec. 10, 1993>  
(1) (Enforcement Date) This Act shall enter into force on January 1, 1994. 
 (2) (Transitional Measures concerning Application fo r Trademark Registration, etc.) The Appellate 
trial on the examination and refusal ruling on an application for trademark registration, duration 
renewal registration of trademark right, or additi onal registration of designa ted goods, made before 
this Act enters into force, shall be  governed by the previous provisions. 
 (3) (Transitional Measures concerning Return Period of  Trademark Registration Fee, etc.) The return 
of any trademark registration fee or other fee paid by  mistake before this Act enters into force, shall 
be governed by the previous provisions.  
(4) (Transitional Measures concerning Trial, etc. on Registered Trademark) 
Any trial, appellate trial, retrial or litigation on an y trademark registered by application for trademark 
registration, duration renewal registration of the tr ademark right, or additional registration of the 
designated goods, made before this  Act enters into force, shall be governed by the previous 
provisions. 
 
ADDENDA <Act No. 4895, Jan. 5, 1995> Article 1 (Enforcement Date) This Act shall enter into  force on March 1, 1998. 
 Article 2 (Transitional Measures concerning Cases Pending) 
 
(1) Any case for which a request for trial has been  made or a case pending for which a request for 
appellate trial against a ruling of refusal or a ruling to dismiss an amendment prior to entry into force 
of this Act shall be deemed to have made a re quest against a trial with the Intellectual Property 
Tribunal and to have been pending therein. 
 
(2) Any case for which a request for trial and deci sion has been made or a case pending for which a 
request for immediate appeal against a decision of dismissal for request for the Intellectual Property 
Tribunal under this Act and to have been pending therein.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 58 
 
 
 Article 3 (Transitional Measures concerning Cases, etc. against which Dissatisfactions may be 
Brought)  (1) Any litigation may be brought ag ainst a case on which a trial and decision of a trial, a ruling to 
dismiss a request for a trial, a ruling of refusal, a decision of cancellation, or a ruling to dismiss an 
amendment by the examiner at the time this Act ente rs into force, and against which a dissatisfaction 
has not brought with the Patent Tribunal under the previous provision, within 30 days from the 
enforcement date of this Act, a litigation as referred  to in Article 186 (1) of the Patent Act which is 
applied mutatis mutandis under Article 86 (2) may be br ought against a trial and a decision of the trial 
and a ruling to dismiss a request for a trial, and a trial as referred to in Article 70-2 or 70-3 may be 
requested against a ruling of refusal, a decision of  cancellation or a ruling to dismiss an amendment 
by the examiner unless any period for dissatisfaction has expired under the previous provisions at the 
time this Act enters into force: Provided, That th is shall not apply when any period for dissatisfaction 
has expired under the previous provisions at  the time this Act enters into force. 
 
(2) Any dissatisfaction may be brought against a case  on which a trial and decision of a trial, a ruling 
to dismiss a request for an appellate trial, a ruli ng to dismiss an amendment by the appellate trial 
judge at the time this Act enters into force has b een served with the Suprem e Court, unless any period 
for dissatisfaction has expired under the previous provi sions at the time this Act enters into force. 
 
(3) Any case against which a dissatisfaction has been  brought with the Supreme Court and which is 
pending therein prior to entry into force of this  Act and any case against which a dissatisfaction has 
been brought pursuant to paragraph (2) shall be deem ed to have been pending or  to have been brought 
against the Supreme Court.  
Article 4 (Transitional Measures concerning Cases of Retrial) 
The provisions of Articles 2 and 3 of the Addenda shall apply mutatis mutandis to any case of retrial 
pending.  Article 5 (Transfer, etc. of Documents)  
(1) The Commissioner of the Korean Intellectual Property Office shall transfer documents on any case 
which is pending as referred to in Article 2 (1 ) (including those applied mutatis mutandis under 
Article 4 of the Addenda) without delay to the President of the Intellectual Patent Tribunal. 
 (2) The Commissioner of the Korean Intellectual Property Office shall transfer documents on any case 
which is pending as referred to in Article 2 (2 ) of the Addenda (including those applied mutatis 
mutandis under Article 4 of the Addenda) without de lay to the President of the Intellectual Patent 
Court. In this case, matters necessary for the transfer  etc. of documents shall be determined by the 
Supreme Court Regulations.  ADDENDUM <Act No. 5083, Dec. 29, 1995> 
This Act shall enter into force on January 1, 1996. 
 ADDENDA <Act No. 5329, Apr. 10, 1997> Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1997. (Proviso Omitted.) 
 
Articles 2 through 5 Omitted.  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 59 
 
 
 ADDENDA <Act No. 5355, Aug. 22, 1997> 
Article 1 (Enforcement Date) This Act shall enter into  force on March 1, 1998. 
 
Article 2 (Transitional Measures concerning App lication for Trademark Registration, etc.)  
The previous provisions shall apply to the appli cation for trademark registration, application for 
registration for the renewal of duration of a tradem ark right, and examination of and trial on refusal 
decisions on the application for additional registrati on of designated goods before  this Act enters into 
force. 
 
Article 3 (Transitional Measures concerning Trial on Registered Trademark, etc.)  The previous provisions (excluding Article 73 (1) 1) shall apply to trials, ap peals, and litigations in 
respect of registered trademarks by the applic ation for trademark registration, application for 
registration for the renewal of duration of a tradem ark right, and application for additional registration 
of designated trademarks before this Act enters into  force. <Amended by Act No. 6414, Feb. 3, 2001> 
 Article 4 (Transitional Measures concerning Unified Trademark)  (1) An application for unified trademark registra tion or trademark rights in respect of unified 
trademarks before the enforcement of this Act sh all be regarded as an a pplication for trademark 
registration or trademark rights under this Act. 
 (2) Pending trial on invalidation or cancellation on grounds of contravention of the previous 
provisions of Article 11 (1) or (3), or 54 (2) after th e enforcement of this Act shall be governed by the 
previous provisions. 
 
Article 5 (Transitional Measures concerning Trial on Cancellation of Trademark Registration) 
Notwithstanding the amended provisions of Article 73 (4), the previous provisions shall apply to trial 
on cancellation initiated by Article 73 (1) 3 by three years from the enforcement date of this Act. 
 Article 6 (Transitional Measures concerning Three-Dimensional Trademark) 
 
(1) Where a person had submitted goods with three- dimensional trademark for an exhibition under 
Article 21 (1) before the enforcement of this Act, th e enforcement date of this Act is regarded as the 
submission date of such goods for an exhibition when  he makes an application for registration of the 
three-dimensional trademark concerned unde r the amended provisions of Article 2. 
 
(2) Where a person had made an application for regi stration of three dimensional trademark in one of 
the parties to the treaties under Artic le 20 before this Act enters into  force, the enforcement date of 
this Act is regarded as the application date of tr ademark registration in one of the countries to the 
treaty when he makes an application for registra tion of the three dimensional trademark concerned 
under the amended provisions of Article 2. 
 
ADDENDA <Act No. 5576, Sep. 23, 1998> Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1999. (Proviso Omitted.)  
Articles 2 through 5 Omitted. 
 ADDENDA <Act No. 6414, Feb. 3, 2001>  IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 60 
 
 
 (1) (Enforcement Date) This Act shall enter into fo rce on July 1, 2001: Provided, That the amended 
provisions of Article 38 shall enter into force on the date of its promulgation, and the part pertaining 
to international application among the amended provi sions of Article 5 and th e amended provisions of 
Article 86-2 through 86-42 shall enter into the force on the date on which the Protocol becomes 
effective in the Republic of Korea.  
 (2) (Application Examples as to Right to Demand Compensation for Loss) The amended provisions of 
Article 24-2 shall apply to an application for tradem ark registration or to an application for additional 
registration of designated goods, which is  filed first after July 1, 2001.  
 
(3) (Transitional Measures concerning Examination,  etc. on Application, etc. for Trademark 
Registration) The previous provisions shall apply to  an examination of an application for trademark 
registration, an application for registration of a renewal of duration of a trademark right, an 
application for additional registration of designated go ods, a trial against a ruling of refusal, and retrial 
and/or litigation initiated before th is Act enters into force.  
 (4) (Transitional Measures concerning Trial, etc. on Registered Trademark) The previous provisions 
shall apply to a trial, retrial, and litigation pertaini ng to an application for trademark registration, an 
application for registration of a renewal of durat ion of a trademark right, or an application for 
additional registration of designated goods filed before this Act enters into force: Provided, That the 
amended provisions of Article 3 of  the Addenda of the Trademark Act, amended by Act No. 5355, 
shall apply to a request for trial, trial, retrial and litigation for cancellation of a trademark registration 
under Article 73 (1) 1 after July 1, 2001.  ADDENDA <Act No. 6626, Jan. 26, 2002> 
Article 1 (Enforcement Date) 
This Act shall enter into  force on July 1, 2002. 
 Articles 2 through 7 Omitted.  ADDENDUM <Act No. 6765, Dec. 11, 2002> 
This Act shall enter into force five mont hs after the date of its promulgation. 
 ADDENDA <Act No. 7289, Dec. 31, 2004> Article 1 (Enforcement Date) This Act shall enter into force six mont hs after the date of its promulgation. 
 
Articles 2 through 5 Omitted.  ADDENDUM <Act No. 7290, Dec. 31, 2004> This Act shall enter into force six mont hs after the date of its promulgation. 
 
ADDENDA <Act No. 8190, Jan. 3, 2007> 
Article 1 (Enforcement Date)  This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions 
of Articles 2 (1) 1, 5, 7 (1) through (4), 8 (5) and (6), 9 (2), 19, 22-2, 22-3, 24 (3) and 25, and the 
latter part of Article 33, Articles 38, 46-4 (1) 5, 56 (1) 2 and 3, 57-3, and 64 (2), the proviso of 
Articles 64-2 (2), Articles 77, 86-16 (2), 86-17 (4) and (5), 86-24 through 86-26, and 91-2 (4) and the 
proviso of Article 92 shall enter into force on July 1, 2007.   IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 61 
 
 
 Article 2 (Applicability concerning Requirements for Applications Filed for Registering Trademarks 
and for Registering Trademarks)  (1) The amended provisions of Articles 2 (1) 1, 7 (1) 13, 9 (2), 86-16 (2) and 91-2 (4) shall apply, 
starting with the registration of the trademark for wh ich an application is firs t filed and the additional 
registration of the designated goods for which an appli cation is first filed on or after July 1, 2007.  
 (2) The amended provisions of Article 7 (4) 2 shall apply, starting with the trademark registration for 
which an application is filed by the justifiabl e applicant or the designated goods for which an 
application is filed for their additional registration after an invalid trial decision is confirmed on the 
grounds of the violation of the provisions of Article 7 (1) 11 after July 1, 2007.  Article 3 (Applicability concerning Prior Applications) The amended provisions of Article 8 (5) and (6) shall apply, starting with the case where a trial to 
cancel a trademark registration is requested on the grounds that the trademar k registration falls under 
Article 73 (1) 3 on or after July 1, 2007.   Article 4 (Applicability concerning Application Pu blication and Objection Raised to Trademark 
Registration)  The amended provisions of Articles 24 (3) and 25 (1) a nd (2) shall apply, starting with the application 
filed for the trademark registration, which is published, on or after July 1, 2007.  
 Article 5 (Applicability concerning Refund of Trademark Registration Fees)  The amended provisions of Article 38 shall apply, starti ng with the application that is first filed for the 
trademark registration on or after July 1, 2007.  
 
Article 6 (Applicability concerning Reasons for Rejecting Application Filed for Registering 
Conversion of Classification of Goods)  The amended provisions of Article 46-4 (1) 5 shall a pply, starting with the application that is first 
filed for registering the classification of goods on or after July 1, 2007.  
Article 7 (Applicability concerning Right to Contin uously Use Trademark On Grounds of Prior Use) 
The amended provisions of Article 57-3 shall apply, starting to the case where any prior user meets the requirements provided for in the amended provisions  for the trademark that is registered by any 
other person who first files an application for regist ering such trademark on or after July 1, 2007.  
 
Article 8 (Applicability concerning Extinguishment of Trademark in Case of Lack of Registration of 
Conversion of Classification of Goods)  The amended provisions of the proviso of Article 64- 2 (2) shall apply, starting with the case where the 
conversion of the classification of goods is first registered on or after July 1, 2007.   Article 9 (Applicability concerning Rem unerations of Patent Attorneys)  
The amended provisions of Article 86 (2) shall apply, starting with any patent attorney who legally 
represents any lawsuit after the enforcement of this Act.  Article 10 (Special Cases concerning Priority Claim, etc. Filed according to Treaty When Application 
Is Filed for Registering Trademark Featured by Color, Hologram or Motion) 
In the application of the provisions of Articles 20 and 21, in case where the application filed for the 
trademark that is featured by any color or the combin ation of any colors, the trademark that is featured 
by hologram or the trademark that is featur ed by motion falls under any case of the following 
subparagraphs, the application filed for such trad emark shall be deemed filed on July 1, 2007, 
notwithstanding the provisions of Articles 20 and 21: IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 62 
 
 
 1. Where the application is filed for registering th e trademark in the Republic of Korea pursuant to the 
provisions of Article 20 (2) on or after July 1, 20 07 after filing the application for registering the 
trademark in the country concerned provided for in the provisions of Article 20 before July 1, 2007; 
and  
2. Where the application filed for registering the trademark of the goods pursuant to the provisions of 
Article 21 (1) on or after July 1, 2007 after displa ying such goods in the exhibition falling under each 
sub-paragraph of Article 21 (1 ) before July 1, 2007.  
 Article 11 (Transitional Measures concerning App lication Filed for Registering Trademark and 
Requirements for Registering Trademark) 
 (1) Examinations, judges on decisions  to reject, re-examinations and la wsuits on applications that are 
filed for registering trademarks or applications that  are filed for additionally registering the designated 
goods before July 1, 2007 shall be governed by th e previous provisions, notwithstanding the amended 
provisions of Article 7 (1) 12 and 12-2.  
 (2) Judges, re-examinations, and lawsuits on the trademar ks that are registered or to be registered on 
the applications filed therefor before July 1, 2007 shall be governed by the previous provisions, 
notwithstanding the amended provisions of Article 7 (1) 12 and 12-2.  
ADDENDA <Act No. 8458, May 17, 2007> 
 (1) (Enforcement Date) This Act shall enter into for ce six months after the date of its promulgation. 
 (2) (Applicability to Refund of Registration Fee, et c.) The amended provisions of Article 38 (3) shall 
also apply to the trademark registration fees and the service fees of which the time limit for claiming 
the refund pursuant to the former provisions has not lap sed at the time when this Act enters into force. 
 ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date) This Act shall enter into force on the date  of its promulgation. (Proviso Omitted.) 
 
Articles 2 through 7 Omitted.  ADDENDUM <Act No. 9230, Dec. 26, 2008> This Act shall enter into force on the date of its promulgation. 
 
ADDENDA <Act No. 9678, May 21, 2009>  (1) (Enforcement Date) This Act shall enter into force on July 1, 2009.  (2) (Applicability to Supplement of Trademark Registration Fee) The amended provisions of 
Article 36-2 (3) shall apply to the supplement of a tr ademark registration fee on or after the date when 
this Act enters into force.  ADDENDA <Act No. 9987, Jan. 27, 2010> Article 1 (Enforcement Date)  
This Act shall enter into force six mont hs after the date of its promulgation. 
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 63 
 
 
 Article 2 (Applicability to Requirements of Trademark Registration)  
The amended provisions of Article 7 shall start applying to the first application for trademark 
registration or the first additional application for designated goods filed afte r this Act enters into 
force. 
 
Article 3 (Applicability to Amendment Ex Officio, etc.)  The amended provisions of Article 24-3 shall start a pplying to the first decision on public notice of an 
application after this Act enters into force.  
Article 4 (Applicability to Trademark Registration Fees)  
The amended provisions of Article 34 shall start applying to the first application for trademark 
registration or duration renewal registration of a tradem ark right filed after this Act enters into force. 
 Article 5 (Applicability to Refund of Trademark Registration Fees, etc.)  
The amended provisions of Article 38 shall apply to an applicati on for trademark registration under 
examination as at the time this Act enters into force.  Article 6 (General Transitional Measures) An application for trademark registration, for additional application for designated goods and 
application for duration renewal regi stration of trademark right filed pursuant to the former provisions 
as at the time this Act enters into force shall be governed by the former provisions. 
 ADDENDA <Act No. 10012, Feb. 4, 2010> Article 1 (Enforcement Date) This Act shall enter into force three month after the date of its promulgation. (Proviso Omitted.) 
 
Articles 2 through 6 Omitted.  ADDENDUM <Act No. 10358, Jun. 8, 2010> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. 
 
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 64 
 
 
 ENFORCEMENT DECREE OF THE TRADEMARK ACT 
 
  
Article 1 (Purpose) 
The purpose of this Decree is to provide matters de legated by the Trademark Act and other matters to 
implement such delegated matte rs. <Amended by Presidential Decree No. 18901, Jun. 30, 2005> 
[This Article Newly Inserted by Presiden tial 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 (3 ) of the Trademark Act (hereinafter referred to as 
the "Act"), "matters concerning the use of the coll ective mark as prescribed by Presidential Decree" 
means the following matters: 
1. Matters concerning the qualifications and conditio ns 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 tho se violating the provisions of subparagraph 2; 
4. Other matters necessary for using the collective mark.  
(2) In cases of a geographical collective mark, it sha ll include the following matters in addition to the 
matters referred to in each s ubparagraph 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 mainte nance of the specific quality, reputation, or other 
specific characters of the goods. [This Article Wholly Amended by Preside ntial 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 (3) of  the Act and the latter part of Article 86-16 (3) of 
the Act, "documents attesting to the fact that it c onforms to the definition of geographical indication" 
means the following documents: 1. Papers regarding specific quality, reputation or other specific characters of the goods; 2. Papers regarding intrinsic relationship between the geogra phic 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 th e applicant of geographical collective mark consists 
solely 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 Presiden tial Decree No. 18901, Jun. 30, 2005] 
 Article 1-4 (Submission of Opinions by Local G overnments concerning Application for Registration 
of Geographical Collective Marks) 
 (1) The Commissioner of the Korea Intellectual Propert y Office may hear opinion of the relevant local 
government on the following matters regarding the exam ination of an application for registration of IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 65 
 
 
 geographical collective mark, and he/she may, when necessary, ask for cooperation, such as 
submission of data: 1. Matters regarding the production, manufacture, pr ocessing and distribution of the goods applicable 
to the geographical indication; 
2. Matters regarding the present conditions of producer s' organization, etc. of the goods applicable to 
the geographical indication, and whether the applican t is qualified or able to represent the producers, 
etc. of the area; 3. Other matters regarding the requirements for regi stration 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 coll ective 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, manu facture, processing, etc. of the relevant goods, is 
qualified or able to represent the producers, etc. of the area;  2. Whether the characteristics of the goods applic able to the geographical indication, the area 
applicable to the geographical indication, the self-management standards, etc. are proper. 
[This Article Newly Inserted by Presiden tial Decree No. 18901, Jun. 30, 2005] 
 
Article 2 (Transfer of Collective Ma rk Registration Applications, etc.) 
Any person who intends to obtain permission for th e transfer of a collective mark registration 
application 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 fi le an application for pe rmission for the transfer 
prescribed by Ordinance of the Ministry of Kn owledge Economy, with the Commissioner of the 
Korean Intellectual Property Office, together  with the following documents: <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> 1. Documents certifying merger of corporations;  2. Articles of association of the corporation surviv ing the merger. In such cases, the relevant articles 
of association shall include matters referred to in Article 1-2. 
 Article 2-2 (Designation Standards, etc. for Specialized Search Agencies)  (1) The Commissioner of the Korean Intellectual Prope rty Office shall designate a legal entity that 
fully satisfies the following requirements as a special ized search agency referred to in Article 22-2 (1) 
of the Act (hereinafter referred to as "specialized  search 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 a personnel of not less 
than ten persons;  
3. To have the work process guidelines for securi ng 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 search agency designated unde r paragraph (1) shall conduct searches in an 
impartial manner. <Amended by Presiden tial Decree No. 22112, Apr. 7, 2010> 
 (3) Any person who intends to be designated as  a specialized search agency shall submit an 
application for designation of specialized search agency accompanied by documents evidencing that IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 66 
 
 
 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 datab ase of documentary records, equipment, dedicated 
organization and human resources, and detailed sta ndards for the handling of trademark searches and 
concrete standards for a security system and matte rs concerning the operation of a specialized search 
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 Presiden tial Decree No. 15578, Dec. 31, 1997] 
 Article 2-3 (Procedures, etc. for Request for Trademark Search)  (1) The Commissioner of the Korean Intellectual Property Office may request a specialized search 
agency to search a trademark for an applicati on 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 specia lized search agency has received a request for trademark search 
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 
search. <Amended by Presidential D ecree No. 17249, Jun. 27, 2001> 
 (3) Where the results of search referred to in paragraph (2) are deemed unsatisfactory, the 
Commissioner of the Korean Intellectual Property Office may ask the specia lized search agency to 
conduct a search again, specifying the scope, etc. of search. 
 
(4) Paragraph (2) shall apply mutatis mutandis in cases where a search is conducted again under 
paragraph (3). [This Article Newly Inserted by Presiden tial Decree No. 15578, Dec. 31, 1997] 
 Article 2-4 (Subject Matter of Accelerated Examinations) 
"Applications for trademark registration prescribed by Presidential Decree which are deemed 
requiring urgent disposal, including cases where an a pplicant for the trademark registration is using 
the trademark, the application of trademark registra tion 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 file d, for all of the designated goods;  
2. 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 applicati on 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 Act; 
4.  Where it is deemed evident that the ground for applying for the trademark registration is that the 
trademark under application for trademark registrati on 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 Presiden tial Decree No. 22112, Apr. 7, 2010] 
 
Article 2-5 (Decision on Accelerated Examinations) 
 (1) A person who intends to apply for an accelerat ed examination under Article 22-4 (2) of the Act 
shall submit, to the Commissioner of the Korean Intellectual Property Office, an application for IP/N/1/KOR/G/1 
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 accelerated examination and accompanying documents determined by Ordinance of the Ministry of 
Knowledge Economy.  (2) The Commissioner of the Korean Intellectual Prope rty Office shall decide whether to conduct an 
accelerated examination, upon receiving an ap plication for accelerated examination under 
paragraph (1).  (3) Necessary matters concerning decision on the accel erated examination under paragraph (2) shall 
be determined and announced by the Commissione r of the Korean Intellectual Property Office. 
[This Article Newly Inserted by Presiden tial 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, De c. 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> 1. For the publication of application under Artic le 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: 
(a) Name and address of the applicant (in cases of a corporation, its title and the location of its 
place of business); 
(b) Trademark; 
(c) Designated goods and classification of categories thereof; (d) Number and date of the application (in case s of an international application deemed an 
application for trademark registration under the Ac t pursuant to Article 86-14 (1) of the Act, the 
number of international registration, and the date of international regist ration or the date of subsequent 
designation pursuant to paragraph (2) of the same Article); 
(e) Number and date of the publication of application; (f) Indication that shows the identity of the trademark, if the trademark involved is a three-dimensional trademark, a color trademark, a hologr am trademark, a motion trademark or any other 
trademark visually identifiable;  (g) Registration number of registered trademark to which designated goods are to be added, or 
number of the trademark registration application (lim ited 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 regi stration application for designated goods; 
(i) Purport indicating that it falls under Article 6 (2) of the Act (limited to applications for 
trademark registration that are decided to be pu blished because they fall under the same paragraph); 
(j) Summary of the articles of association (lim ited to cases of collective mark and collective 
mark with geographic sign);  (k) Purport indicating that it is the collective mark with geographic sign (limited to cases of collective mark with geographic sign);  (l) Explanation on the trademark involved, if it is a trademark only in a color or a combination of 
colors, a hologram trademark, a motion trademark or any other trademark visually identifiable; 
(m) Matters concerning amendment ex officio under Article 24-3 of the Act; 
2. Matters, other than those referred to in subpara graph 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. 
 IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 Page 68 
 
 
 Article 4 (Standards for Imposition of Fines for Negligence) 
 (1) The standards for imposition of a fine for neg ligence under Article 98 (1) of the Act shall be as 
specified in attached Table. 
 
(2) The Commissioner of the Korean Intellectua l Property Office may decrease or increase the 
amount of a fine for negligence under attached Table w ithin the extent of 1/2 thereof in consideration 
of the degree and number of times of violation, and the motive and consequence, etc. of offenses: Provided, That in cases of increasing such amount, it shall not exceed the upper limit of the amount of 
a fine for negligence under Article 98 (1) of the Act. 
[This Article Wholly Amended by Preside ntial Decree No. 21582, Jun. 30, 2009] 
 Article 5 (Application Mutatis Mutandis)  
(1) The provisions of Article 18 of the Enforcemen t Decree of the Patent Act shall apply mutatis 
mutandis to the applications, requests and other proc edures relating to the trademark registration. In 
this case, the term "trial" in Article 18 (3) of said Decree shall be read as "objection against trademark registration and trial". <Amended by Presi dential Decree No. 20125, Jun. 28, 2007> 
 (2) The provisions of Article 8 of the Enforcemen t Decree of the Patent Act shall apply mutatis 
mutandis to the examiner, the administrative patent  judge, the presiding administrative patent judge, 
and the President of the Korean Intellectual Pr operty 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 for ce 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 fo rce on the date of taking effect on the Republic of 
Korea of the Protocol relating to the Madrid Agre ement concerning the International Registration of 
Marks. [Enforced on April 10, 2003 under the Treaty No. 1625 (Official Gazette dated March 19, 2003)] 
 ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004> 
This Decree shall enter into for ce on the date of its promulgation. 
 ADDENDA <Presidential Decree No. 18901, Jun. 30, 2005>  (1) (Enforcement Date) This Decree sha ll enter into force on July 1, 2005. IP/N/1/KOR/G/1 
IP/N/1/KOR/T/3 
Page 69 
 
 
  
(2) (Applicability concerning Matters to be Includ ed in Articles of Incorporation) The amended 
provisions of Article 1-2 (1) shall apply to applica tions 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 for ce 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 in to force on July 28, 2010. 
 
 
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