Wholly Amended by Presidential Decree No. 13081, Aug. 28, 1990
Amended by Presidential Decree No. 13747, Oct. 27, 1992
Presidential Decree No. 13870, Mar. 6, 1993
Presidential Decree No. 15578, Dec. 31, 1997
Presidential Decree No. 17249, Jun. 27, 2001
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18901, Jun. 30, 2005
Presidential Decree No. 20125, Jun. 28, 2007
Presidential Decree No. 20729, Feb. 29, 2008
Presidential Decree No. 21582, Jun. 30, 2009
Presidential Decree No. 22112, Apr. 7, 2010
Presidential Decree No. 23343, Dec. 2, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24439, Mar. 23, 2013
Presidential Decree No. 25400, Jun. 25, 2014
Presidential Decree No. 26216, Apr. 29, 2015
Presidential Decree No. 27331, Jul. 12, 2016
Article 1 (Purpose) |
Article 2 (Classification of Marks) |
1. | A sign, word, numeral, figure, design, three-dimensional form, combination of these elements, or each of these elements with color added; |
2. | Visually perceivable marks, such as a single color, combination of colors, hologram or continuous movement, etc.; |
3. | Visually imperceivable marks, such as sound or smell. |
Article 3 (Matters to be Included in Articles of Incorporation concerning Use of Collective Marks) |
(1) | "Matters concerning the use of a collective mark prescribed by Presidential Decree" in Article 36 (3) of the Act means the following: |
1. | Qualification for and conditions of membership of members of an organization that uses a collective mark, and the withdrawal of members therefrom; |
2. | Conditions of the use of a collective mark; |
3. | Punishment of persons who violate the conditions of use under subparagraph (2); |
4. | Other matters necessary to use a collective mark. |
(2) | In cases of a collective mark with geographical indication, the relevant articles of incorporation shall include the following in addition to matters under paragraph (1): |
1. | Particular quality, reputation, or other characteristics of goods; |
2. | Substantial correlations between the geographic environment and a particular quality, reputation, or other characteristics of goods; |
3. | The area regarding which a geographical indication is used; |
4. | Own standards for the management of and a plan to maintain and manage a particular quality, reputation or other characteristics of goods. |
Article 4 (Matters to be Included in Documents, etc. Stipulating Matters concerning Use of Certification Marks) |
(1) | "Matters concerning the use of a certification mark prescribed by Presidential Decree" in Article 36 (4) of the Act means the following: |
1. | Quality, the place of origin, production methods, or other characteristics (hereinafter referred to as "quality, etc.") of goods a person intends to certify; |
2. | Conditions of the use of a certification mark; |
3. | Punishment of persons who violate the conditions of use under subparagraph (2); |
4. | Other matters necessary to use a certification mark. |
(2) | Documents proving that a person may certify and manage quality, etc. under Article 36 (4) of the Act shall include the following: |
1. | Standards, procedures, methods, etc. for testing and inspecting the quality, etc. of goods the person intends to certify; |
2. | Specialized equipment, professional manpower, etc. necessary to certify and manage the quality, etc. of goods the person intends to certify; |
3. | Oversight, supervision, etc. over users of a certification mark; |
4. | Other matters objectively proving that the person may certify and manage the quality, etc. of goods he/she intends to certify. |
Article 5 (Documents Proving Goods Correspond to Definition of Geographical Indication) |
1. | Documents concerning a particular quality, reputation, or other characteristics of goods; |
2. | Documents concerning substantial correlations between the geographic environment and a particular quality, reputation, or other characteristics of goods; |
3. | Documents concerning an area for which a geographical indication is used. |
Article 6 (Hearing, etc. of Opinions on Applications for Registration of Certification Mark) |
1. | Matters concerning the quality, etc. of goods an applicant intends to certify; |
2. | Matters concerning whether an applicant for registration of a certification mark has the ability to certify and manage the quality, etc. of the relevant goods; |
3. | Other matters concerning requirements for registration of a certification mark. |
Article 7 (Hearing, etc. of Opinions of Local Governments concerning Application for Registration of Collective Mark with Geographical Indication) |
(1) | Where necessary to examine an application for registration of a collective mark with geographical indication, the Commissioner of the Korean Intellectual Property Office may hear the opinion of a related local government on the following matters, or request it to provide cooperation, such as by submitting information: |
1. | Matters concerning the production, manufacture, processing, and distribution of the relevant goods on which a geographical indication may be used (hereinafter referred to as "goods corresponding to a geographical indication"); |
2. | Matters concerning the current status of goods on which a geographical indication is used, such as the producers’ association of goods corresponding to a geographical indication; |
3. | Matters concerning whether an applicant is qualified or has the ability to represent producers, etc. in the area; |
4. | Other matters concerning requirements for registration of a collective mark with geographical indication, such as substantial correlations among the characteristics of goods corresponding to a geographical indication, the geographic environment, and a particular quality of goods. |
(2) | The head of a local government having jurisdiction over an area regarding which a geographical indication is used may submit his/her opinion on the following matters to the Commissioner of the Korean Intellectual Property Office with respect to an application for registration of a collective mark with the relevant geographical indication: |
1. | Whether an applicant is qualified or has the ability to represent producers, etc. in the area in relation to the production, manufacture, processing and distribution of goods corresponding to a geographical indication; |
2. | Whether the characteristics of goods corresponding to a geographical indication, an area for which a geographical indication is used, and its own standards for management, etc. are appropriate. |
(3) | If necessary to appropriately protect a geographical indication, the head of a local government having jurisdiction over an area for which a geographical indication is used may consult or adjust with an applicant. |
Article 8 (Transfer of Application, etc. for Registration of Collective Mark) |
(1) | A person who intends to obtain permission to transfer an application for registration of a collective mark pursuant to the proviso to Article 48 (7) of the Act shall submit an application for permission to transfer such application prescribed by Ministerial Decree of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office along with the following documents: |
1. | Documents proving the merger of corporations; |
2. | Articles of incorporation of a corporation that survives after the merger. |
(2) | A person who intends to obtain permission to transfer an application for registration of a certification mark pursuant to the proviso to Article 48 (8) of the Act shall submit an application for permission to transfer such application prescribed by Ministerial Decree of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office along with the following documents: |
1. | Documents proving that an application for registration of a certification mark is transferred along with affairs concerning such certification mark; |
2. | Articles of incorporation or rules under Article 36 (4) of the Act which will be used by a person who is to acquire an application for registration of a certification mark; |
3. | Documents stipulating matters concerning the use of a certification mark under Article 4 (1); |
4. | Documents proving that an applicant may certify and manage the quality, etc. of goods he/she intends to certify under Article 4 (2). |
Article 9 (Qualification of Examiners) |
(1) | A person who may become an examiner under Article 50 (1) of the Act shall be the person who has completed a training course for examiners at the International Intellectual Property Training Institute, who is a public official of the Korean Intellectual Property Office or an agency under its jurisdiction, falling under any of the following: |
1. | A public official in general service belonging to the Senior Civil Service Corps; |
2. | A State public official in general service of at least Grade V; |
3. | A State public official in general service of Grade VI (limited to a person who meets qualification standards for professional public officials subject to term limits of Grade A or B under Appendix 4-2 of the Decree on the Appointment of Public Officials). |
(2) | A person qualified as a patent attorney, who is a public official (including a public official in general service belonging to the Senior Civil Service Corps) corresponding to Grades of qualification of examiners under the subparagraphs of paragraph (1), may become an examiner notwithstanding the main sentence of paragraph (1). |
(3) | The Commissioner of the Korean Intellectual Property Office shall prescribe matters concerning the study and training for examiners under the main sentence of paragraph (1). |
Article 10 (Criteria, etc for Designation of Specialized Institution) |
(1) | The Commissioner of the Korean Intellectual Property Office may designate a corporation that fully meets the following requirements as a specialized institution pursuant to Article 51 (1) of the Act: |
1. | It shall possess equipment necessary for conducting its affairs; |
2. | It shall secure human resources and the organizational structure dedicated to conducting its affairs; |
3. | It shall have standards for handling affairs that may ensure the independence and fairness in conducting its affairs; |
4. | It shall have a security system to prevent divulgence of confidential information related to its affairs; |
5. | In cases of a corporation whose designation as a specialized institution was revoked on grounds under Article 52 (1) 1 of the Act or a corporation to which a person who was an executive of such corporation at the time of revocation belongs, two years shall have passed after the designation thereof was revoked. |
(2) | A corporation who intends to obtain designation as a specialized institution shall submit an application for designation of a specialized institution to the Commissioner of the Korean Intellectual Property Office along with documents proving that it fully meets requirements under paragraph (1). |
(3) | Detailed standards based upon requirements under paragraph (1) and matters necessary for the designation and operation of a specialized institution shall be prescribed and announced by the Commissioner of the Korean Intellectual Property Office. |
Article 11 (Affairs, etc. of Specialized Institution) |
(1) | "Affairs prescribed by Presidential Decree, such as fact-finding surveys of the use of trademarks" in Article 51 (1) 3 of the Act means the following affairs: |
1. | Fact-finding surveys of the use of trademarks; |
2. | Fact-finding surveys of transactions of goods; |
3. | Translation of applications for international trademark registration; |
4. | Compilation and management of data for the examination of trademarks; |
5. | Surveys of the objective perceptibility of trademarks; |
6. | Other affairs the Commissioner of the Korean Intellectual Property Office deems necessary to examine applications for trademark registration. |
(2) | A specialized institution shall fairly conduct affairs entrusted by the Commissioner of the Korean Intellectual Property Office pursuant to Article 51 (1) of the Act, and promptly notify him/her of the outcome of conducting such affairs. |
(3) | Where the Commissioner of the Korean Intellectual Property Office deems that it is necessary to conduct an additional survey, etc. on the outcome of conducting such affairs notified pursuant to paragraph (2), he/she may entrust the head of such specialized institution with affairs again, specifying the scope of the survey, etc. |
Article 12 (Applications Eligible for Preferential Examination) |
1. | Where it is evident that an applicant for trademark registration uses or is ready to use the trademark, application for registration of which was filed in relation to all designated goods; |
2. | Where an applicant for trademark registration receives a written warning under Article 58 (1) of the Act from another applicant for trademark registration in relation to an application for trademark registration; |
3. | Where an applicant for trademark registration gives a written warning under Article 58 (1) of the Act in relation to an application for trademark registration; |
4. | Where an applicant filed an application for trademark registration that forms the basis of an international application under the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") under Article 167 of the Act, in which case the date of the international registration or subsequent designation under the Madrid Agreement has been registered in the International Register; |
5. | Where an application is filed for registration of a collective mark by a corporation jointly incorporated by small and medium business operators under Article 9-2 (1) 2 of the Government Procurement Act; |
6. | Where an application for trademark registration that forms the basis for claiming priority under the treaty is filed, in which case procedures concerning an application accompanied by the claim of priority, are being followed at a foreign patent agency; |
7. | Where the holder of a registered trademark which has expired due to the expiration of the duration thereof files an application for trademark registration, the mark and designated goods of which are all identical to the mark and designated goods of such registered trademark. |
Article 13 (Application, etc. for Preferential Examination) |
(1) | A person who intends to file an application for preferential examination under Article 53 (2) of the Act shall submit an application for preferential examination prescribed by Ministerial Decree of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office along with documents prescribed by Ministerial Decree of Trade, Industry and Energy. |
(2) | Upon receipt of an application for preferential examination under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall determine whether to conduct the preferential examination, and notify the applicant of his/her determination. |
(3) | Matters necessary to determine as to whether to conduct the preferential examination under paragraph (2) shall be prescribed and announced by the Commissioner of the Korean Intellectual Property Office. |
Article 14 (Matters concerning Officially Announced Registration Published in Trademark Official Gazette) |
(1) | "Matters prescribed by Presidential Decree, such as the name, address and trademark registration number of the trademark right holder" in Article 82 (3) of the Act means the following: |
1. | Name and address of the trademark right holder (in cases of a corporation, the name of the corporation and the seat of its place of business): |
2. | A mark (in cases of a mark falling under subparagraph 3 of Article 2, "no specimen available" shall be indicated); |
3. | Designated goods and the category of goods; |
4. | Trademark registration application number and the date of filing an application for trademark registration (in cases of an application for international trademark registration under Article 180 (1) of the Act, the international registration number and the date of the international registration or subsequent designation under paragraph (2) of the aforesaid Article); |
5. | Application publication number and the date of publication of the application; |
6. | Trademark registration number and the date of registration of a trademark; |
7. | Trademark registration official gazette number and the date of publication of registration of a trademark; |
8. | Matters concerning claiming priority under the treaty (only applicable to the case of an application for trademark registration in which priority under Article 46 (1) of the Act is claimed); |
9. | Explanation of the trademark (only applicable to a trademark which only consists of a mark falling under subparagraph 2 of Article 2 and a trademark including a mark falling under subparagraph 3 of the aforesaid Article); |
10. | In cases of a trademark including a mark falling under subparagraph 3 of Article 2, matters concerning visual expressions (referring to making a specific expression so that the relevant mark may be recognized and identified visually through a word, numeral, sign, figure or other methods); |
11. | A sound file corresponding to a visual expression (only applicable to a sound trademark); |
12. | Meaning indicating that a trademark falls under Article 33 (2) of the Act (only applicable to an application for registration of a trademark whose registration has been determined because it falls under the aforesaid paragraph); |
13. | Meaning that a trademark is a collective mark with geographical indication or certification mark with geographical indication (only applicable to a collective mark with geographical indication or certification mark with geographical indication); |
14. | An outline of the articles of incorporation or rules under Article 36 (3) and (4) of the Act (only applicable to a collective mark, collective mark with geographical indication, certification mark or certification mark with geographical indication, and in terms of the articles of incorporation or rules amended pursuant to Article 43 (1) or (2) of the Act, referring to an outline of those amended); |
15. | Trademark registration number or the trademark registration application number of a trademark for which an applicant intends to add designated goods (only applicable to registration to add designated goods); |
16. | Other matters the Commissioner of the Korean Intellectual Property Office deems necessary to publish in the Trademark Official Gazette. |
(2) | Methods and procedures for filing applications and the scope of the address to be published under the proviso to paragraph (1) 1 shall be prescribed and announced by the Commissioner of the Korean Intellectual Property Office. |
Article 15 (Transfer of Collective Mark Rights, etc.) |
(1) | A person who intends to obtain permission to transfer collective mark rights pursuant to the proviso to Article 93 (6) of the Act shall submit an application for permission to transfer collective mark rights prescribed by Ministerial Decree of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office along with documents under the subparagraphs of Article 8 (1). |
(2) | A person who intends to obtain permission to transfer certification mark rights pursuant to the proviso to Article 93 (7) of the Act shall submit an application for permission to transfer certification mark rights prescribed by Ministerial Decree of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office along with the following documents: |
1. | Documents proving that certification mark rights are transferred along with affairs relating to such certification mark; |
2. | Articles of incorporation or rules under Article 36 (4) of the Act to be used by an intending transferee; |
3. | Documents under Article 8 (2) 3 and 4. |
Article 16 (Qualification of Judges, etc.) |
(1) | A person who may become a judge under Article 129 (2) of the Act is the person who has completed a training course for judges at the International Intellectual Property Training Institute, who falls under any of the following among public officials in general service belonging to the Senior Civil Service Corps of the Korean Intellectual Property Office or an agency under its jurisdiction or State public officials in general service of at least Grade IV: |
1. | A person who has served as an examiner in the Korean Intellectual property Office for at least two years; |
2. | A person in whose case the total of the following periods is at least two years: |
(a) | Period during which he/she has been directly engaged in trials at the Intellectual Property Trial and Appeal Board as a public official in general service belonging to the Senior Civil Service Corps or State public official in general service of at least Grade V; |
(b) | Period during which he/she has served as an examiner in the Korean Intellectual Property Office. |
(2) | A person who may serve as the chief judge under Article 131 (1) of the Act shall be any of the following persons, who is a public official in general service belonging to the Senior Civil Service Corps of the Korean Intellectual Property Office or an agency under its jurisdiction, or State public official in general service of Grade III: |
1. | A person who has served as a judge in the Intellectual Property Trial and Appeal Board for at least two years; |
2. | A person who has been engaged in examinations or trials at the Korean Intellectual Property Office or an agency under its jurisdiction for at least three years, qualified as a judge under paragraph (1). |
(3) | A person who may serve as the President of the Intellectual Property Trial and Appeal Board shall be a person qualified as a judge. |
(4) | Notwithstanding paragraphs (1) through (3), a person qualified as a patent attorney, who is a public official (including a public official in general service belonging to the Senior Civil Service Corps) corresponding to the Grade of qualification of a judge, chief judge or the President of the Intellectual Property Trial and Appeal Board under the provisions of paragraphs (1) through (3), may serve as a judge, chief judge, or the President of the Intellectual Property Trial and Appeal Board, respectively. |
(5) | Necessary matters concerning study and training for judges under the main sentence of paragraph (1) shall be prescribed by the Commissioner of the Korean Intellectual Property Office. |
Article 17 (Documents to Be Submitted When Filing for International Trademark Registration of Collective Mark with Geographical Indication) |
Article 18 (Service, etc. of Documents) |
(1) | Documents under Article 218 of the Act shall be served in one of the following methods: |
1. | Whereby the relevant person or his/her agent receives documents directly from the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board; |
2. | Whereby the relevant person or his/her agent receives documents using an information and communication network; |
3. | By registered mail. |
(2) | Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board serves a document pursuant to paragraph (1), he/she shall keep a receipt, etc. according to the following classification: |
1. | In cases under paragraph (1) 1: A receipt stating the date of receipt and the name of the recipient; |
2. | In cases under paragraph (1) 2: Content recorded in a file of a computer information processing system for transmitting operated by the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board; |
3. | In cases under paragraph (1) 3: A receipt of registered mail. |
(3) | Notwithstanding paragraph (1), a certified copy of a trial decision or decision on a formal objection to, trial or retrial on the trademark registration shall be served by the format prescribed by Ministerial Decree of Trade, Industry and Energy among the selective mail services under Article 15 (3) of the Postal Service Act: |
(4) | Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board serves a document, he/she shall serve a certified copy of the document on the person on whom the document is to be served, unless otherwise expressly provided for by the Act or this Decree, and where he/she has prepared a protocol in lieu of the submission of the document to be served, he/she shall serve a certified copy or abridged copy of such protocol. |
(5) | Where a person falls under any of the following, the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board shall serve a document on the relevant person in lieu thereof: |
1. | Where he/she is a minor, quasi-incompetent placed under the protection of a legal guardian (limited to cases where he/she has his/her legal representative related to trademark rights or rights to the trademark) or adult placed under protection of a legal guardian: His/her legal representative; |
2. | Where he/she is a person arrested in a correctional facility, such as a penitentiary or detention center: The warden of a correctional facility; |
3. | Where he/she reports his/her representative to the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board after appointing one representative who is to receive documents in cases where there are at least two relevant persons or agents: The representative; |
4. | Where at least two persons jointly exercise their agency authority: One of them. |
(6) | The place at which a document is to be served shall be the address or the place of business of a person on whom a document is to be served: |
(7) | Where a person on whom a document is to be served changes the place to which a document is to be served, he/she shall immediately report such fact to the Commissioner of the Korean Intellectual Property Office. |
(8) | Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board is unable to serve a document because a person on whom a document is to be served refuses to accept service of the document without just cause, the document shall be deemed duly served on the date it is sent. |
(9) | Matters necessary to serve documents other than documents to be served pursuant to the Act shall be prescribed by the Commissioner of the Korean Intellectual Property Office. |
Article 19 (Trademark Official Gazette) |
(1) | The Commissioner of the Korean Intellectual Property Office shall publish the Trademark Official Gazette publishing the following pursuant to Article 221 (1) of the Act: |
1. | Publication of applications under Article 57 (2) of the Act; |
2. | Publication of registrations under Article 82 (3) of the Act. |
(2) | Where matters relating to publication of an application under paragraph (1) 1 are published in the Trademark Official Gazette, the following shall be included: |
1. | Name and address of the applicant (in cases of a corporation, its name and the seat of its place of business): |
2. | A mark (in cases of the mark falling under subparagraph 3 of Article 2, "no specimen available" shall be indicated); |
3. | Designated goods and the category of goods; |
4. | Trademark registration application number and the filing date of an application for trademark registration (in cases of an application for international trademark registration under Article 180 (1) of the Act, the international registration number and the date of the international registration or subsequent designation under paragraph (2) of the aforesaid Article); |
5. | Application publication number and the date of publication of the application; |
6. | Matters concerning claiming priority under the treaty (only applicable to an application for trademark registration claiming priority under Article 46 (1) of the Act); |
7. | Explanation on the trademark (only applicable to the trademark which only consists of a mark falling under subparagraph 2 of Article 2, and the trademark including a mark falling under subparagraph 3 of the aforesaid Article); |
8. | Matters concerning visual expressions (only applicable to the trademark including a mark falling under subparagraph 3 of Article 2); |
9. | A sound file corresponding to a visual expression (only applicable to a sound trademark); |
10. | Meaning that a trademark falls under Article 33 (2) of the Act (only applicable to applications for trademark registration, publication of which has been determined because it falls under the aforesaid paragraph); |
11. | Meaning that a mark is a collective mark with geographical indication or certification mark with geographical indication (only applicable to a collective mark with geographical indication or certification mark with geographical indication); |
12. | An outline of the articles of incorporation or rules under Article 36 (3) and (4) of the Act (only applicable to a collective mark, collective mark with geographical indication, certification mark and certification mark with geographical indication, and in terms of the articles of incorporation or rules amended pursuant to Article 43 (1) or (2) of the Act, referring to an outline of the amended provisions); |
13. | Trademark registration number or the trademark registration application number of a trademark for which an applicant intends to add designated goods (only applicable to registration to add designated goods); |
14. | Matters concerning |
15. | Other matters the publication of which the Commissioner of the Korean Intellectual Property Office deems necessary. |
(3) | Methods and procedures for filing applications, and the scope of the address to be published under the proviso to paragraph (2) 1 shall be prescribed and announced by the Commissioner of the Korean Intellectual Property Office deems necessary. |
Article 20 (Processing of Personally Identifiable Information) |
1. | Affairs concerning the allocation of identification numbers under Article 29 of the Act; |
2. | Affairs concerning the submission, etc. of documents under Article 56 of the Act; |
3. | Affairs concerning gathering or preserving evidence under Article 144 of the Act; |
4. | Other affairs concerning an application, report or submission concerning the filing of an application, examination, trial, and registration under the Act and this Decree. |
Article 21 (Criteria for Imposition of Administrative Fines) |
(1) | Administrative fines imposed for an offense committed before this Decree enters into force shall be included in the calculation of the frequency of offenses under the amended provisions of the Appendix. |
(2) | In applying criteria for the imposition of administrative fines on offenses committed before December 2, 2011, the date the Enforcement Decree of the Trademark Act partly amended by Presidential Decree No. 23343 (hereinafter referred to as "partly amended Decree") enters into force, notwithstanding the amended provisions of the Appendix, the former provisions before being amended by the partly amended Decree shall apply thereto. |