Statutes of the Republic of Korea

No. 14033
Promulgation Date 2016-02-29
Ministry of Intellectual Property

ALL

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Persons Entitled to Registration of Trademark)

Article 4 (Legal Capacity of Minors, etc.)

Article 5 (Unincorporated Association, etc.)

Article 6 (Trademark Manager of Non-Resident)

Article 7 (Scope of Agency Authority)

Article 8 (Certification of Agency Authority)

Article 9 (Confirmation of Defects in Legal Capacity, etc.)

Article 10 (Non-Extinguishment of Agency Authority)

Article 11 (Individual Representation)

Article 12 (Orders, etc. to Appoint or Replace Agent)

Article 13 (Representative of More than One Relevant Person)

Article 14 (Mutatis Mutandis Application of Civil Procedure Act)

Article 15 (Jurisdiction over Non-Resident)

Article 16 (Computation of Period)

Article 17 (Extension, etc. of Period)

Article 18 (Invalidation of Procedures)

Article 19 (Subsequent Completion of Procedures)

Article 20 (Succession to Effect of Procedures)

Article 21 (Continuation of Procedures)

Article 22 (Suspension of Procedures)

Article 23 (Resumption of Suspended Procedures)

Article 24 (Application for Resumption)

Article 25 (Suspension of Procedures)

Article 26 (Effect of Interruption or Suspension)

Article 27 (Legal Capacity of Foreigners to Hold Rights)

Article 28 (Time When Submission of Documents Takes Effect)

Article 29 (Entry of Identification Numbers)

Article 30 (Performance of Trademark-Related Procedures by Electronic Document)

Article 31 (Report on Use of Electronic Documents and Electronic Signature)

Article 32 (Giving Notice, etc. Using Information and Communications Network)

CHAPTER II REQUIREMENTS AND APPLICATION FOR TRADEMARK REGISTRATION

Article 33 (Requirements for Trademark Registration)

Article 34 (Trademarks Ineligible for Trademark Registration)

Article 35 (First to File)

Article 36 (Application for Trademark Registration)

Article 37 (Recognition, etc. of Filing Date of Application for Trademark Registration)

Article 38 (One Application for One Trademark)

Article 39 (Amendment of Procedures)

Article 40 (Amendment before Decision to Publish Application)

Article 41 (Amendment after Decision to Publish Application)

Article 42 (Dismissal of Amendment)

Article 43 (Submission of Amended Articles of Incorporation, etc.)

Article 44 (Modification of Applications)

Article 45 (Division of Application)

Article 46 (Claim of Priority under Treaty)

Article 47 (Special Cases at Time of Filing Applications)

Article 48 (Succession to and Divided Transfer of Applications)

Article 49 (Provision of Information)

CHAPTER III EXAMINATION

Article 50 (Examination by Examiners)

Article 51 (Designation, etc. of Institutions Specializing in Trademarks)

Article 52 (Revocation, etc. of Designation of Institutions Specializing in Trademarks)

Article 53 (Order of Examination and Preferential Examination)

Article 54 (Decision to Reject Trademark Registration)

Article 55 (Notification of Grounds for Rejection)

Article 56 (Submission, etc. of Documents)

Article 57 (Publication of Applications)

Article 58 (Right to Claim Compensation for Loss)

Article 59 (Ex Officio Amendment, etc.)

Article 60 (Formal Objection)

Article 61 (Amendment of Grounds, etc. for Filing Formal Objection)

Article 62 (Examination, etc. of Formal Objections)

Article 63 (Scope of Examination of Formal Objections)

Article 64 (Consolidation or Division of Formal Objections)

Article 65 (Competition in Formal Objections)

Article 66 (Decision on Formal Objection)

Article 67 (Decision to Reject Trademark Registration Ex Officio after Publication of Application for Trademark Registration)

Article 68 (Decision to Grant Trademark Registration)

Article 69 (Methods to Decide Whether to Grant Trademark Registration)

Article 70 (Suspension of Procedures for Examination or Legal Proceedings)

Article 71 (Mutatis Mutandis Application of Trial Provisions to Examination of and Decision on Formal Objections)

CHAPTER IV TRADEMARK REGISTRATION FEES AND TRADEMARK REGISTRATION, ETC.

Article 72 (Trademark Registration Fees)

Article 73 (Abandonment of Some of Designated Goods When Paying Trademark Registration Fees)

Article 74 (Extension of Payment Period of Trademark Registration Fees)

Article 75 (Abandonment of Applications due to Failure to Pay Trademark Registration Fees)

Article 76 (Payment of Remainder, etc. of Trademark Registration Fees)

Article 77 (Reinstatement, etc. of Application for Trademark Registration by Payment of Trademark Registration Fees or Remainder Payment)

Article 78 (Fees)

Article 79 (Refund of Trademark Registration Fees and Fees)

Article 80 (Trademark Register)

Article 81 (Issuance of Trademark Registration Certificate)

CHAPTER V TRADEMARK RIGHTS

Article 82 (Registration and Establishment of Trademark Rights)

Article 83 (Duration of Trademark Rights)

Article 84 (Application to Register Renewal of Duration of Trademark Rights)

Article 85 (Effect of Application, etc. to Register Renewal of Duration of Trademark Rights)

Article 86 (Application for Registration of Additional Designated Goods)

Article 87 (Decision to Reject Registration of Additional Designated Goods and Notification of Grounds for Rejection)

Article 88 (Provisions Applicable Mutatis Mutandis to Procedures for Filing Application to Register Renewal of Duration)

Article 89 (Effect of Trademark Rights)

Article 90 (Extent on Which Trademark Rights Do not Have Effect)

Article 91 (Scope of Protection of Registered Trademarks, etc.)

Article 92 (Relationship to Design Rights, etc. of Other Persons)

Article 93 (Transfer and Joint Ownership of Trademark Rights, etc.)

Article 94 (Division of Trademark Rights)

Article 95 (Exclusive License)

Article 96 (Effect of Registration of Trademark Rights, etc.)

Article 97 (Non-exclusive License)

Article 98 (Right to Use Trademark after Expiration of Duration of Patent Rights, etc.)

Article 99 (Right to Continuously Use Trademark Based on First to Use)

Article 100 (Effect of Registration of Exclusive License, Non-Exclusive License, etc.)

Article 101 (Relinquishment of Trademark Rights)

Article 102 (Restrictions on Relinquishment of Trademark Rights, etc.)

Article 103 (Effect of Relinquishment)

Article 104 (Pledge)

Article 105 (Subrogation of Pledge)

Article 106 (Extinguishment of Trademark Rights)

CHAPTER VI PROTECTION OF TRADEMARK RIGHT HOLDERS

Article 107 (Right to Seek Injunction, etc. against Infringement)

Article 108 (Acts Deemed Infringement)

Article 109 (Claim for Damages)

Article 110 (Estimation, etc. of Damages)

Article 111 (Claim for Legal Damages)

Article 112 (Presumption of Willfulness)

Article 113 (Recovery of Reputation of Trademark Right Holder, etc.)

Article 114 (Submission of Documents)

CHAPTER VII TRIAL

Article 115 (Trial against Decision to Dismiss Amendment)

Article 116 (Trial against Decision to Reject)

Article 117 (Trial to Invalidate Trademark Registration)

Article 118 (Trial to Invalidate Registration to Renew Duration of Trademark Rights)

Article 119 (Trial to Revoke Trademark Registration)

Article 120 (Trial to Revoke Registration of Exclusive License or Non-Exclusive License)

Article 121 (Trial to Confirm Scope of Rights)

Article 122 (Period of Exclusion)

Article 123 (Mutatis Mutandis Application of Examination Provisions to Trial against Decision to Reject Trademark Registration )

Article 124 (Request, etc. for Joint Trial)

Article 125 (Methods of Requesting Trials, such as Trial to Invalidate Trademark Registration, etc.)

Article 126 (Methods of Request for Trial against Decision, etc. to Dismiss Amendments)

Article 127 (Dismissal of Request for Trial, etc.)

Article 128 (Dismissal of Trial Decision on Request for Trial Unamendable)

Article 129 (Judges)

Article 130 (Designation of Judges)

Article 131 (Presiding Judge)

Article 132 (Collegial Body of Judges)

Article 133 (Submission, etc. of Written Answer)

Article 134 (Exclusion of Judges)

Article 135 (Application for Exclusion)

Article 136 (Challenge to Judges)

Article 137 (Explanation of Exclusion or Challenge)

Article 138 (Decision on Application for Exclusion or Challenge)

Article 139 (Suspension of Trial Proceedings)

Article 140 (Abstention by Judges)

Article 141 (Hearings, etc.)

Article 142 (Intervention)

Article 143 (Application for and Decision on Intervention)

Article 144 (Examination and Preservation of Evidence)

Article 145 (Proceeding with Trial)

Article 146 (Ex Officio Hearings)

Article 147 (Consolidation or Division of Hearings or Trial Decisions)

Article 148 (Withdrawal of Request for Trial)

Article 149 (Trial Decision)

Article 150 (Prohibition against Double Jeopardy)

Article 151 (Relationship with Lawsuits)

Article 152 (Trial Expenses)

Article 153 (Title of Execution on Amount of Trial Expenses)

Article 154 (Special Rules of Trial concerning Decision to Dismiss Amendments and Decision to Reject)

Article 155 (Effect of Procedures for Examination or Formal Objection)

Article 156 (Revocation of Decision, etc. to Dismiss Amendments)

CHAPTER VIII RETRIAL AND LAWSUITS

Article 157 (Request for Retrial)

Article 158 (Appealing Against Trial Decision by Deception)

Article 159 (Period of Request for Retrial)

Article 160 (Restrictions on Effect of Trademark Rights Reinstated through Retrial)

Article 161 (Mutatis Mutandis Application of Provisions of Trial Proceedings in Retrial)

Article 162 (Lawsuits against Trial Decision, etc.)

Article 163 (Standing to Be Sued)

Article 164 (Notification of Lawsuits Filed and Sending of Authenticated Copy of Written Judgment)

Article 165 (Revocation of Trial Decision or Decision)

Article 166 (Patent Attorney's Fees and Litigation Costs)

CHAPTER IX INTERNATIONAL APPLICATIONS UNDER PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS

Section 1 International Applications, etc.

Article 167 (International Applications)

Article 168 (Qualification of Persons Who File International Application)

Article 169 (International Application Procedures)

Article 170 (Time Submission of Documents Including International Application, etc. Takes Effect)

Article 171 (Examination, etc. of Items Mentioned)

Article 172 (Subsequent Designation)

Article 173 (Renewal of Duration of International Registration)

Article 174 (Change of Ownership of International Registration)

Article 175 (Payment of Fees)

Article 176 (Correction for Unpaid Fees)

Article 177 (Invalidation of Procedures)

Article 178 (Registration of Change in Particulars of International Registration)

Article 179 (Exclusion from Application to Business Emblem)

Section 2 Special Cases concerning Application for International Trademark Registration

Article 180 (Application for International Trademark Registration)

Article 181 (Special Cases of Business Emblem)

Article 182 (Special Cases of Application for International Trademark Registration)

Article 183 (Effect of Application for International Trademark Registration where Domestically Registered Trademark Exists)

Article 184 (Special Cases of Succession to Application and Transfer of Divisional Application)

Article 185 (Special Cases of Modification)

Article 186 (Special Cases of Modification of Application)

Article 187 (Special Cases of Division of Application)

Article 188 (Special Cases of Priority Claim under Paris Convention)

Article 189 (Special Cases When Filing Application and of Preferential Examination)

Article 190 (Special Cases of Notification of Grounds for Rejection)

Article 191 (Special Cases of Publication of Application)

Article 192 (Special Cases of Right to Claim Damages)

Article 193 (Special Cases of Decision to Register Trademark and Ex Officio Modification)

Article 194 (Special Cases of Trademark Registration Fees)

Article 195 (Special Cases of Refund of Trademark Registration Fees, etc.)

Article 196 (Special Cases of Registration on Trademark Register)

Article 197 (Special Cases of Registration and Establishment of Trademark Rights)

Article 198 (Special Cases of Duration, etc. of Trademark Rights)

Article 199 (Special Cases of Application for Registration of Additional Designated Goods)

Article 200 (Special Cases of Division of Trademark Rights)

Article 201 (Special Cases of Effect of Registration of Trademark Rights)

Article 202 (Effect of Extinguishment of International Registration)

Article 203 (Special Cases of Relinquishment of Trademark Rights)

Article 204 (Special Cases of Trial to Invalidate Registration to Renew Duration, etc.)

Section 3 Special Cases of Applications for Trademark Registrations

Article 205 (Special Cases of Applications for Trademark Registrations after Lapse of International Registration)

Article 206 (Special Cases of Application for Trademark Registrations after Abrogation of Madrid Protocol)

Article 207 (Special Cases of Examination)

Article 208 (Special Cases of Period of Exclusion)

CHAPTER X REGISTRATION OF CONVERSION OF CLASSIFICATION OF GOODS

Article 209 (Application for Registration of Conversion of Classification of Goods)

Article 210 (Decision to Reject Registration of Conversion of Classification of Goods and Notification of Grounds for Rejection)

Article 211 (Registration of Conversion of Classification of Goods)

Article 212 (Mutatis Mutandis Application to Application for Registration of Conversion of Classification of Goods)

Article 213 (Extinguishment of Trademark Rights Where Application for Registration of Conversion of Classification of Goods is not Filed)

Article 214 (Trial to Invalidate Registration of Conversion of Classification of Goods)

CHAPTER XI SUPPLEMENTARY PROVISIONS

Article 215 (Perusal, etc. of Documents)

Article 216 (Prohibition of Taking out and Disclosure of Documents Relating to Application for Trademark Registration, Examination, Trial, etc.)

Article 217 (Digitization of Trademark Documents by Agency)

Article 218 (Service of Documents)

Article 219 (Service by Publication)

Article 220 (Service on Non-Resident)

Article 221 (Trademark Official Gazette)

Article 222 (Indication of Registered Trademark)

Article 223 (Indication of Registered Collective Mark with Homonymous Geographical Indication)

Article 224 (Prohibition of False Display)

Article 225 (Special Rules on Trademarks, etc. Similar to Registered Trademark)

Article 226 (Restrictions on Appeals)

Article 227 (Orders to Maintain Confidentiality)

Article 228 (Revocation of Orders to Maintain Confidentiality)

Article 229 (Notification, etc. of Request for Perusal, etc. of Lawsuit Records)

CHAPTER XII PENAL PROVISIONS

Article 230 (Crime of Infringement)

Article 231 (Breaches of Orders to Maintain Confidentiality)

Article 232 (Crime of Perjury)

Article 233 (Crime of False Indication)

Article 234 (Crime of Fraud)

Article 235 (Joint Penalty Provisions)

Article 236 (Confiscation)

Article 237 (Administrative Fines)

ADDENDA