Trademark Law

Patent Law Utility Model Law Design Law Trademark Law

                                             
                                 Trademark Law
                                   
                             of November 28, 1949,
                        as amended on December 29, 1995
                                                 
                               TABLE OF CONTENTS
                                                   

                                           
                                   Chapter グ
                               General Provisions  

Article  1. Purpose
Article  2. Definitions
Article  3. Persons Entitled to Register a Trademark
Article  4. Persons Entitled to Register a Business Emblem
Article  5. Mutatis Mutandis Application of Provisions of the Patent Law
                                         
                                    Chapter ケ
             Requirements and Application for Trademark Registration   

Article  6. Requirements for Trademark Registration
Article  7. Unregistrable Trademarks
Article  8. First-to-File Rule
Article  9. Application for Trademark Registration
Article 10. One Application for One Trademark
Article 11. Associated Trademarks
Article 12. Transfer and Partial Assignment of Application for Registration
            of a Trademark, etc.
Article 13. Amendment of Procedure
Article 14. Amendment Before Decision of Publication of Application
Article 15. Amendment After Decision of Publication of Application


Article 16. Change of Gist of Application
Article 17. Rejection of Amendment
Article 18. Division of Application for Trademark Registration
Article 19. Conversion of Application
Article 20. Priority Claim under Treaty
Article 21. Special Provisions as to Time of Filing an Application
                                           
                                   Chapter ゲ
                                 Examination 

Article 22. Examination by Examiner
Article 23. Ruling of Refusal and Notification of Reasons for Refusal
Article 24. Publication of Application
Article 25. Opposition to Trademark Registration
Article 26. Amendment to Reasons for Opposition to Trademark Registration
Article 27. Decision on Opposition to Trademark Registration
Article 28. Ruling of Refusal Made Ex Officio after Publication
Article 29. More Than One Opposition to Trademark Registration
Article 30. Ruling on Registration of Trademark
Article 31. Method of Decision
Article 32. Suspension of Examination or Litigation Proceedings
Article 33. Mutatis Mutandis Application of Provisions of the Patent Law
                                            
                                   Chapter コ
           Trademark Registration Fees and Registration of Trademarks       

Article 34. Trademark Registration Fees
Article 35. Extension of Period for Payment of Trademark Registration Fees
Article 36. Abandonment of Application for Registration of Trademark as a
            Consequence of Nonpayment of Trademark Registration Fees
Article 37. Official Fees
Article 38. Refund of Trademark Registration Fees
Article 39. Trademark Register
Article 40. Issuance of Certificate of Registration of Trademark
                                            
                                   Chapter ゴ
                                Trademark Right         

Article 41. Registration of Establishment of Trademark Right
Article 42. Term of Trademark Right
Article 43. Application for Registration of Renewal of Term
Article 44. Division of Application for Registration of Renewal of Term of Trade
            mark Right
Article 45. Ruling of Refusal of Application for Registration of Renewal
            of Term and Notification of Reasons for Refusal
Article 46. Effects of Application for Registration of Renewal of Term of
            a Trademark Right, etc.
Article 47. Application for Supplementary Registration of Designated Goods
Article 48. Ruling of Refusal of Application for Supplementary Registration
            of Designated Goods and Notification of Reasons for Refusal
Article 49. Mutatis Mutandis Application of Provisions of the Patent Law
Article 50. Effects of Trademark Right
Article 51. Limits of Trademark Right
Article 52. Extent of Protection of Registered Trademark, etc.
Article 53. Relationship with Another Design Right, etc.
Article 54. Assignment and Joint Ownership of Trademarks, etc.
Article 55. Exclusive License
Article 56. Effects of Registration on Trademark Right and Exclusive License
Article 57. Nonexclusive License
Article 58. Effects of Registration of Nonexclusive License, etc.
Article 59. Abandonment of Trademark Right
Article 60. Restriction on Abandonment of Trademark Right, etc.
Article 61. Effect of Abandonment
Article 62. Pledge
Article 63. Subrogation for Right of Pledge
Article 64. Extinguishment of Trademark Right

                                   Chapter サ
                     Protection of Owner of Trademark Right     
Article 65. Injunction, etc., Against Infringement
Article 66. Acts Deemed to be Infringement
Article 67. Presumption, etc., of Amount of Damage
Article 68. Presumption of Intent
Article 69. Measures for Recovery of Business Reputation of Owner of Trademark
            Right, etc.
Article 70. Submission of Documents
                                            
                                   Chapter ザ
		           Trial and Appellate Trial    
Article 71. Invalidation Trial of Trademark Registration
Article 72. Invalidation Trial of Registration of Renewal of Term of Trademark
            Right
Article 73. Trial for Cancellation of Trademark Registration
Article 74. Trial for Cancellation of Registration of Exclusive or Nonexclusive
            License
Article 75. Trial to Confirm Scope of Trademark Right
Article 76. Statute of Limitation
Article 77. Mutatis Mutandis Application of Provisions of the Patent Law
Article 78. Request for Appellate Trial
Article 79. Formal Requirements of Request for Appellate Trial Against Examiner's
            Ruling of Refusal
Article 80. Request for Appellate Trial Against Decision to Reject Amendment
Article 81. Mutatis Mutandis Application of Provisions on Examination to Appellate
            Trial
Article 82. Mutatis Mutandis Application of Provisions of the Patent Law
                                            
                                   Chapter シ
                             Retrial and Litigation     
Article 83. Request for Retrial
Article 84. Request for Retrial on Account of Collusion
Article 85. Restriction on Effects of Trademark Rights Restored by Retrial
Article 86. Mutatis Mutandis Application of Provisions of the Patent Law

                                Chapter ジ
                             Supplementary Provisions   

Article 87. Inspection of Documents, etc.
Article 88. Prohibition of Opening or Removal of Trademark Register and
            Documents Relating to Examination, Trial, Retrial and Appellate Trial
Article 89. Trademark Gazette
Article 90. Indication of Trademark Registration
Article 91. Prohibition of False Indication
Article 92. Mutatis Mutandis Application of Provisions of the Patent Law
Article 92-2. Special Provision for the Trademark, which is Similar to the
              Registered Trademark
                                            
                                 Chapter ス
                                Penal Provisions  

Article 93. Offense of Infringement
Article 94. Offense of Perjury
Article 95. Offense of False Marking
Article 96. Offense of Fraud
Article 97. Dual Liability
Article 98. Administrative Fine

CHAPTER グ General Provisions Article 1 [ Purpose ] The purpose of this Law shall be to ensure the maintenance of the business reputation of persons using trademarks by protecting trademarks so as to contribute to the development of industry and to protect the interests of consumers. Article 2 [ Definitions ] (1) The definitions of terms used in this Law shall be as follows: (ァ) "trademark" is defined as any of the following cases(hereinafter referred to as a "mark") which is used on goods related to the business of a person who carries on business activities, such as producing, processing, certifying or selling such goods, to distinguish them from the goods of others; ゞ Amended on Dec. 29, 1995 〃 (a) A sign, a character, a figure or any combination thereof (b) Any combination of color with any of the items of paragraph(a) (ア) "service mark" means a mark which is used by a person who carries on a service business to distinguish such business from those of others; (ィ) "collective mark" means a mark intended to be used with respect to the goods or services of the members of a legal entity founded by and composed of persons who are in the same line of business and who are closely associated therewith and who are controlled by the legal entity; (イ) "business emblem" means a mark which is used by a person, who carries on a nonprofit business, to indicate his business; (ゥ) "registered trademark " means a trademark for which trademark registration has been granted; (ウ) "use of a trademark" means any of the following acts: (a) applying trademarks to goods or their packages; (b) selling or delivering goods or their packages on which trademarks have been applied or displaying, exporting or importing such goods or their packages for the purposes of selling or delivering; (c) displaying or distributing advertisements, price lists, business papers, signboards or labels relating to goods to which trademarks have been applied. (2) Except as otherwise expressly provided for in this Law, the provisions in this Law relating to trademarks shall apply to service marks, collective marks and business emblems. Article 3 [ Persons Entitled to Register a Trademark ] Any person who uses or intends to use his trademark in the Republic of Korea shall be entitled to register it; however, employees of the Korean Industrial Property Office shall not be entitled to register trademarks during their employment at the Office except in the case of inheritance or bequest. Article 4 [ Persons Entitled to Register a Business Emblem ] Any person who carries on a nonprofit business in the Republic of Korea shall be entitled to register a business emblem. Article 5 [ Mutatis Mutandis Application of Provisions of the Patent Law ] Articles 3 to 26 and 28 of the Patent Law shall apply mutatis mutandis to trademarks. Chapter ケ Requirements and Application for Trademark Registration Article 6 [ Requirements for Trademark Registration ] (1) A trademark registration may not be obtained in any of the following cases: (ァ) where the mark consists solely of a sign indicating, in a common way, the usual name of the goods; (ア) where the mark is customarily used on the goods; (ィ) where the mark consists solely of a sign indicating, in a common way, the origin, quality, raw materials, efficacy, use, quantity, shape or price of the goods, or the method or time of manufacturing, processing or using them; (イ) where the mark consists solely of a sign indicating a geographical name, and abbreviation thereof or a map; (ゥ) where the mark consists solely of a sign indicating, in a common way, a commonplace surname or name of a legal entity; (ウ) where the mark consists solely of a very simple and commonplace sign; (ェ) in addition to the cases mentioned in subparagraphs (ァ) to (ウ), where the mark does not enable consumers to recognize the goods bearing the mark as being connected with the business of the owner of the trademark. (2) Even in the case of a trademark falling under paragraph (1)(ィ), (ゥ) or (ウ), where, as a result of the use of such trademark prior to the application for registration therefor under Article 9, consumers are able to recognize the goods bearing the mark as being connected with a person's business, the trademark may be registered together with the designated goods (that is, the designated goods and supplementary goods designated according to Articles 10(1) and 47(2)(ィ), the same provision being applicable hereinafter) for which the trademark has been used. Article 7 [ Unregistrable Trademarks ] (1) Notwithstanding Article 6, trademark registration may not be obtained in the following cases; (ァ) trademarks which are identical with, or similar to, the national flag, emblem, colors, medals, decorations or badges of the Republic of Korea, the national flags or emblems of foreign nations, medals, decorations or badges of the countries party to the Paris Convention for the Protection of Industrial Property, the titles or marks of the Red Cross, Olympic or well-known international organizations, or those which are identical with, or similar to, seals or signs of the Republic of Korea or the countries party to the Paris Convention for the Protection of Industrial Property, or the public organizations thereof, used for indicating supervision or certification; (ア) trademarks which falsely indicate a connection with any nation, race, ethnic group, public organization, religion or famous deceased person, or which criticize, insult or are liable to defame them; (ィ) trademarks which are identical with, or similar to, famous marks indicating a nonprofit business of a State, a public organization or agencies or public corporations thereof, or indicating nonprofit public services; however, this provision shall not apply where the State, public organization or agency or public corporation thereof, or the body of nonprofit public services, applies for the registration of such marks as their business emblems; (イ) trademarks which are contrary to public order or morality; (ゥ) trademarks comprising a mark which is identical with, or similar to, a medal, certificate of merit or decoration awarded at an exhibition held by or with the authorization of the Government of the Republic of Korea or at an exhibition held by or with the authorization of the government of a foreign country; however, this provision shall not apply where a person who has been awarded a medal, cerificate 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; (ウ) trademarks containing the name, title or trade name, portrait, signature or seal, famous pseudonym, professional name or pen name of well-known persons, or an abbreviation thereof; however, this provision shall not apply where the consent of the person concerned has been obtained; (ェ) trademarks identical with, or similar to, another person's registered trademark for which registration was applied for prior to the filing date of the trademark applications concerned and which are to be used on goods identical with, or similar to, the designated goods; (エ) trademarks identical with, or similar to, another person's trademark, where one year has not elapsed since the date of extinguishment of the trademark right(in case of a trial decision that a trademark registration is to be invalidated, the date when the trial decision became final and conclusive, the same applying hereinafter in this subparagraph) and which are used on the designated goods covered by the trademark right or on similar goods; (ォ) trademarks which are identical with, or similar to, another person's trademark which is well known among consumers as indicating the goods of that other person, or goods similar thereto, and which are used on goods that are identical with, or similar to, such goods; (オ) trademarks which are liable to cause confusion with goods or services of another person because the trademark is recognized among consumers as designating the goods or services of that other person; (xi) trademarks which are liable to mislead as to the quality of the goods or to deceive the consumers. (2) In the case of a trademark falling under paragraph (1)(ウ), (ォ) and (オ), the respective provisions shall not apply where the trademark does not fall under the respective subparagraphs at the time of the application for registration of the trademark. (3) In the case of a trademark falling under paragraph (1)(ェ) and (エ), the respective provisions shall apply where the trademark falls under the respective subparagraphs at the time of the application for registration of the trademark, except where the owner of the trademark and the applicant for registration of the trademark(hereinafter referred to as the "applicant") are one and the same person after the filing of the application. (4) The provisions of Paragraph (1)(エ) shall not be applicable to the following cases: (ァ) where the registered trademark has not been used for one or more years retroactively after the trademark right became null and void; (ア) where a rightful applicant makes an application for registration of the trademark, after the decision on nullity or revocation becomes definite by reason that the registered trademark violates the provisions of Paragraph Article 8(1)(ウ), (ォ), (オ) or Article 73(1)(ェ); and (ィ) where the period of six months as prescribed in the proviso of Article 43(2) expired without making any application for registration of renewal of duration for the right to the registered trademark. (5) Where a trial decision cancelling a trademark registration pursuant to Article 73(1)(ァ), (ア),(ィ), (ゥ), or (ウ) has been made, when the owner of the trademark abandons the right or a part of the designated goods after the filing date of the demand for a trial or when the trial decision becomes final and conclusive, the owner of the trademark or another person who has used the trademark shall not obtain a trademark registration for a trademark that is identical with, or similar to, the registered trademark that has been extinguished for goods that are identical with, or similar to, those of the registered trademark that has been extinguished unless three years have elapsed since the date of abandonment or the date when the trial decision became final and conclusive. Article 8 [ First-to-File Rule ] (1) Where two or more applications for the registration of a trademark relating to identical or similar trademarks which are to be used on identical or similar goods are filed on different dates, only the applicant filing the application having the earlier filing date may obtain a trademark registration for the trademark. (2) Where two or more applications for the registration of a trademark relating to identical or similar trademarks which are to be used on identical or similar goods are filed on the same date, only the person agreed upon by all the applicants after consultation may obtain a trademark registration for the trademark. If no agreement is reached or no consultation is possible, registration of the trademark concerned may be obtained only by the applicant chosen by the drawing of lots conducted by the Commissioner of the Korean Industrial Property Office. (3) Where an application for the registration of a trademark is abandoned, withdrawn or invalidated, or where an examiner's decision or trial decision of rejection of an application for the registration of a trademark has become final and conclusive, such application shall, for the purposes of paragraphs (1) and (2), be deemed never to have been filed. (4) The Commissioner of the Korean Industrial Property Office shall, in the case provided for in paragraph (2), order the applicants to notify him of any agreement they have concluded, and to report to him the terms thereof. If such a report is not submitted within the period designated, the applicants shall be deemed not to have concluded an agreement within the meaning of paragraph(2). (5) In a trial on revocation of a registered trademark by such reason as prescribed in Article 73 (1)(ィ), if the person having the trademark right waives such trademark right or a part of the designated goods, or a decision on revocation of the trademark registration becomes definite, after the trial is requested, only the person requesting the trial on revocation may have the trademark registered, through making by priority an application for the same or similar trademark as the extinguished registered one, with respect to the same or similar goods as the designated ones, for three months as of the day on which the waiver is made, or the decision becomes definite. Article 9 [ Application for Trademark Registration ] (1) Any person desiring to obtain the registration of a trademark shall file an application with the Commissioner of the Korean Industrial Property Office stating the following: (ァ) the name and the domicile of the applicant for the registration of a trademark (in the case of a legal entity, the title, place of business and the name of its representative); (ア) the name and the domicile, or place of business, of the agent, if any; (ィ) the trademark; (イ) the list of designated goods and the class of goods; (ゥ) matters prescribed in Article 20(ィ) (only when claiming a priority right); (ウ) the date of filing; and (ェ) matters prescribed by the Ordinance of the Ministry of Trade, Industry, and Energy. (2) Any person desiring to obtain the registration of a trademark under Article 11(1) shall file, in addition to the matters mentioned in the subpara- graphs of paragraph(1), an application for the registration of the associated trademark together with the registration number, the application number or code of the trademarks with which the trademark is to be associated. (3) Any person desiring to obtain the registration of a collective mark shall file, in addition to the matters mentioned in the subparaphs of paragraph(1), an application for registration of the collective mark accompanied by the statutes of the association which govern the use of such collective mark, as prescribed by the Presidential Decree. (4) Any person desiring to obtain the registration of a business emblem shall file, in addition to the matters mentioned in the subparagraphs of paragraph(1), an application for the registration of the business emblem accompanied by documents proving the management of the affairs of the business. Article 10 [ One Application for One Trademark ] (1) Any person desiring to file an application for the registration of a trademark shall file an application for each trademark, designating the goods for which the trademark is to be used under the classes of goods prescribed by the Ordinance of the Ministry of Trade, Industry, and Energy. (2) The classes of goods referred to in paragraph(1) shall not be deter- minative of the scope of similarity of goods. Article 11 [ Associated Trademarks ] (1) The owner of a trademark right or the applicant for the registration of a trademark shall obtain registration as an associated trademark only of a trade- mark which is similar to a trademark registered in his name, or of a trademark for which an application for registration has already been filed, and which is to be used on goods similar to the designated goods covered by the registered trademark. (2) After the registration following an application for the registration of an associated trademark, the registered trademark and the registered trademark which is related to it shall be associated trademarks with respect to each other. (3) The owner of a trademark right or the applicant for the registration of a trademark shall not obtain registration as an associated trademark of a trade- mark which is similar to his registered trademark or a trademark in an application for registration, unless the trademark is to be used on goods within the same class. Article 12 [ Transfer and Partial Assignment of Application for Registration of a Trademark, etc. ] (1) Transfer of an application for the registration of a trademark, except in the case of inheritance or other general succession, shall not be effective against third parties unless the applicant reports the change of name of the applicant. (2) An application for the registration of a trademark may be transferred separately for each of the goods designated in the application. In this case, designated goods that are similar shall be transferred together. (3) Any person desiring to transfer or to partially assign his application for the registration of a trademark under paragraph (1) or (2) shall transfer or assign at the same time the associated trademarks and the application for regist- ration of an associated trademark relating to the same or similar goods. (4) In the case of inheritance or other general succession, the successor in title shall, without delay, notify it to the Commissioner of the Korean Industrial Property Office. (5) Where an application for the registration of a trademark is owned jointly, each joint owner may transfer his shares only with the consent of all the other joint owners. (6) An application for the registration of a trademark which is partially assigned pursuant to paragraph (2) shall be deemed to have been filed at the time of filing of the original application, except, however, where Article 20(3) and (4) or 21(2) is applicable. (7) An application for the registration of a business emblem may be transferred only together with the business. (8) An application for the registration of a trademark pursuant to the proviso of Article 7(1)(ィ) may be transferred only together with the business related to the mark referred to in the principal sentence of that Article . (9) An application for the registration of a collective mark may not be transferred. However, it is transferable, with the authorization of the Commissioner of the Korean Industrial Property Office, in the case of merger of legal entities. Article 13 [ Amendment of Procedure ] The Commissioner of the Korean Industrial Property Office or the presiding trial or appellate trial examiner may order amendment, within an adequate time limit, of an application, a request or another procedure in any of the following cases: (ァ) the requirements of Article 3(1) of this Law or of Article 6 of the Patent Law applied under Article 5 of this Law have not been complied with; (ア) the formal requirements specified in this Law or an Ordinace thereunder have not been complied with; or (ィ) the fees required in accordance with Article 37 have not been paid. Article 14 [ Amendment Before Decision of Publication of Application ] (1) Excluding the cases specified in Article 15, an applicant may amend the trademark or the list of designated goods in the application for the registration of a trademark provided he does not change the gist of the original application. (2) The amendment under paragraph (1) may not be made after the transmittal of a certified copy of the examiner's decision. However, in the case of a demand for an appellate trial against the decision of rejection, amendment may be made within 30 days from the demand, or in the period in which the written opinion is to be submitted under Article 23(2), 45(2) or 48(2) which is applicable under Article 81. Article 15 [ Amendment after Decision of Publication of Application ] After the transmittal of a certified copy of the reasons for rejection under Article 23(2) or 48(2), the transmittal of a certified copy of the decision to publish an application, where an opposition has been filed against the registration of a trademark under Article 25, or where an appellate trial has been demanded by the applicant against the decision of rejection rendered under Article 78, a copy of which has been trans- mitted to him under Article 23(1) or 48(1), an applicant may amend the trademark or the list of designated goods in the application for the registration, for opposition or for decision, provided the gist of the original application is not changed, within: (ァ) the designated time limit for submitting arguments under Article 23(2) or 48(2); (ア) the designated time limit for submitting a written answer under Article 27(1); or (ィ) 30 days from the date of the demand for an appellate trial against the decision of rejection under Article 78. Article 16 [ Change of Gist of Application ] (1) An amendment made under Article 14 or 15, having any of the following effects, shall be deemed not to change the gist of the application for the registration of a trademark: (ァ) to reduce the scope of the list of designated goods; (ア) to correct errors; (ィ) to clarify ambiguous descriptions; (イ) to delete any part of an auxiliary description of the trademark. (2) The provisions of Article 49 and 50(3) of the Patent Law shall be applicable to any amendment as prescribed in Article 14 and 15. Article 17 [ Rejection of Amendment ] (1) Where an amendment made according to Article 14 changes the gist of an application, the examiner shall reject the amendment to the application for registration of a trademark by decision. (2) The examiner shall not make a decision with respect to an application for the registration of a trademark where a decision to reject an amendment under paragraph (1) has been rendered, before the expiration of 30 days from the transmittal of a certified copy of that ruling. Where a decision to reject amendment has been made under paragraph (1), the examiner shall also not make a decision to publish an application. (3) Where an applicant has requested an appellate trial under Article 80(1) against a decision to reject an amendment under paragraph(1), the examiner shall suspend the examination of the application for the registration of a trade- mark until the appellate trial ruling has become final and conclusive. (4) Where an amendment under Article 15 regarding an application for the registration of a trademark changes the gist of the application, the examiner shall reject the amendment by decision. (5) The decision to reject an amendment under paragraph (1) or (4) shall be made in writing and shall state the reasons therefor. (6) No appeal shall lie against a decision to reject an amendment under paragraph (4), except the case where an appellate trial is requested under Article 78. Article 18 [ Division of Application for Trademark Registration ] (1) An applicant for the registration of a trademark containing a list of designated goods which fall into two or more classes of the classification of goods may divide his application into two or more applications for each class to which the designated goods belong only within the time limit by which the application may be amended under Article 14 or 15. (2) An application divided under paragraph (1) (hereinafter referred to as the "divided application") shall be deemed to have been filed at the time of filing of the original application, except, however, in applying Article 20(3) or (4) or 21(2). Article 19 [ Conversion of Application ] (1) An applicant for the registration of a trademark may convert his appli- cation into an application for the registration of an associated trademark, or his application for the registration of an associated trademark into an application for the registration of a trademark. (2) Where an application for the registration of a trademark is converted under paragraph (1) (hereinafter referred to as the "converted application"), the converted application for the registration of a trademark or for the regist- ration of an associated trademark shall be deemed to have been filed on the date of filing of the original application. (3) An application may not be converted under paragraph (2) after the transmittal of the examiner's decision or after a trial decision with respect to the original application for the registration of a trademark or of an associated trademark has become final and conclusive. (4) Where an application has been converted under paragraph (2), the original application for the registration of a trademark or of an associated trademark shall be deemed to have been withdrawn. (5) Conversion may not be made between application for the registration of a trademark, a service mark, a collective mark or a business emblem. Article 20 [ Priority Claim under Treaty ] (1) If a national of one of the countries which recognize under a treaty or similar instrument (hereinafter referred to as a "treaty") a right of priorty for an application for the registration of a trademark filed by a national of the Republic of Korea claims the right of priority for an application for the registration of a trademark in the Republic of Korea on the basis of the first application for the registration of the same trademark filed in his country or in one of the said countries, the filing date of the first application in the foreign country shall be deemed to be the filing date in the Republic of Korea for the purposes of Article 8. Where a national of the Republic of Korea has filed an application for the registration of a trademark in a country which recognizes under a treaty the right of priority for applications for the regist- ration of a trademark filed by nationals of the Republic of Korea, and claims the right of priority for an application for the registration of a trademark in the Republic of Korea on the basis of the first application for the regist- ration of the same trademark filed in the said country, this provision shall also apply. (2) A person intending to claim the right of priority in accordance with paragraph (1) shall file the application within six months from the filing date of the first application which becomes the basis of such right of priority. (3) A person intending to claim the right of priority in accordance with paragraph (1) shall specify such claim, the name of the country in which the first application was filed and the filing date of such application in the application for the registration of a trademark at the time of filing the application. (4) A person who has claimed the right of priority in accordance with paragraph (3) shall submit to the Commissioner of the Korean Industrial Property Office, within three months from the filing date of the application for the registration of a trademark, a written statement setting forth the filing date of the application, the trademark and the list of designated goods, certified by the government of the country where the first application was filed. (5) Where a person who has claimed the right of priority in accordance with paragraph (3) fails to submit the certified copy within the time limit prescribed under paragraph (4), the claim to the right of priority shall lose its effect. Article 21 [ Special Provisions as to Time of Filing an Applicaiton ] (1) Where a person entitled to file an application for the registration of a trademark files, within six months from the date of an exhibition, an appli- cation for the registration of the trademark whose designated goods bearing the trademark have been exhibited at any one of the following types of exhibitions, the application shall be deemed to have been filed at the time when the goods were exhibited. (ァ) exhibitions held by the Government or a local public entity; (ア) exhibitions held by persons authorized by the Government or a local public entity; (ィ) exhibitions held in a foreign country with the authorization of the Government; (イ) international exhibitions held in the territory of a country party to a treaty by the government of the said country or by persons authorized by the said government. (2) Any person desiring to take advantage of paragraph (1) with respect to a trademark in an application for the registration of a trademark shall submit a written statement to that effect simultaneously with his application for the registration of a trademark to the Commissioner of the Korean Industrial Property Office, to whom he shall also submit, within 30 days from the filing date of the application, a document proving the relevant facts. Chapter ゲ Examination Article 22 [ Examination by Examiner ] (1) The Commissioner of the Korean Industrial Property Office shall have applications for the registration of a trademark and oppositions to the regist- ration of a trademark examined by an examiner. (2) The qualifications for examiners shall be prescribed by the Presidential Decree. (3) In an examination of an application for the registration of a trademark, the Commissioner of the Korean Industrial Property Office may, if he deems it necessary, require the cooperation or hear the opinions of a Government agency or of persons having extensive knowledge and experience in the field of trademarks or of other interested persons. Article 23 [ Ruling of Refusal and Notification of Reasons for Refusal ] (1) The examiner shall make a ruling to refuse an application for the registration of a trademark where it falls under any of the following subpara- graphs: (ァ) the trademark for which registration is sought is not registrable in accordance with the proviso of Article 3 or with Articles 6 to 8, 10, 11(1) and (3), 12(2) (second sentence), (3), (5) and (7) to (9) of this Law or 25 of the Patent Law applied under Article 5 of this Law; (ア) the trademark for which registration is sought is in violation of the provisions of a treaty; (ィ) the trademark is identical with, or similar to, a trademark registered in the territory of a country which is a party to a treaty and has been filed by a person who is or was an agent or a representative of the owner of the trademark, within one year prior to the filing, without such owner's authorization, for designated goods which are identical with, or similar to, the designated goods covered by the owner's trade- mark; however, this provision shall apply only where an opposition has been filed by the owner. (2) An examiner shall, when he intends to make a ruling of refusal of an application for the registration of a trademark under paragraph (1), notify the applicant of the reasons for refusal and give him an opportunity to submint a written statement of his arguments, designating a time limit for such submission. Article 24 [ Publication of Application ] (1) Where an examiner finds no reason for rejecting an application for the registration of a trademark, he shall render a decision that the application is to be published. (2) Where a decision under paragraph (1) is made, the Commissioner of the Korean Industrial Property Office shall transmit the decision to the applicant and publish the application in the Trademark Gazette. (3) The Commissioner of the Korean Industrial Property Office shall make the documents of the application for registration of a trademark and other related documents available for public inspection at the Korean Industrial Property Office for 30 days following the date of publication of the application. Article 25 [ Opposition to Trademark Registration ] (1) Within 30 days from the date of publication of an application for the registration of a trademark, any person may file a notice of opposition to the registration with the Commissioner of the Korean Industrial Property Office. (2) A person who intends to file a notice of opposition to the registration of a trademark shall submit the notice of opposition, the reasons therefor and the necessary evidence to the Commissioner of the Korean Industrial Property Office. Article 26 [ Amendment to Reasons for Opposition to Trademark Registration ] A person who has filed a notice of opposition to the registration of a trademark under Article 25(1) (hereinafter referred to as the "opponent"), may amend the reasons and evidence submitted in the notice of opposition to the registration of a trademark within 30 days from the expiration of the time limit for filing the notice of opposition. Article 27 [ Decision on Opposition to Trademark Registration ] (1) Where a notice of opposition has been filed, the examiner shall trans- mit to the applicant a copy of the notice of opposition to the registration of a trademark and give him an opportunity to submit an answer in writing within the designated time limit. (2) After the expiration of the time limits prescribed in paragraph (1) and Article 26, the examiner shall render a ruling on the opposition to the registration of a trademark. (3) Where an opponent fails to submit reasons and evidence, the examiner may reject the opposition to the registration of a trademark by decison after he expiration of the time limit under Article 26, notwithstanding paragraph (1). (4) The decision on the opposition to the registration of a trademark shall be made in writing and state the reasons therefor. (5) The Commissioner of the Korean Industrial Property Office shall, when a decision has been rendered under paragraph (2), transmit a certified copy of the decision to the applicant and the opponent. (6) No appeal shall be made against the decision on the opposition to the registration of a trademark. Article 28 [ Ruling of Refusal Made Ex Officio after Publication ] (1) Where the examiner finds reasons for refusal after publication of an application, he may make a ruling of refusal ex officio under Article 23. (2) Where an examiner makes a ruling to refuse an application under paragraph (1), he shall not render a decision on the opposition to the registration of a trademark even if the opposition has been filed in accordance with Article 25. (3) Where a ruling of refusal has been made under paragraph (1), the Commissioner of the Korean Industrial Property Office shall transmit a certified copy of the ruling of refusal to the opponent. Article 29 [ More than One Opposition to Trademark Registration ] (1) Where two or more oppositions have been filed, the examiner may examine and rule upon them jointly or separately. (2) Where two or more oppositions have been filed and one of them is deemed to be justified upon examination, the examiner need not render a ruling as to the other oppositions. (3) The Commissioner of the Korean Industrial Property Office shall transmit a certified copy of the decision of rejection also to the opponents whose oppositions were not examined. Article 30 [ Ruling on Registration of Trademark ] Where no reasons for refusing an application for the registration of a trademark are established, the examiner shall render a rulining that the trade- mark is to be registered. Aticle 31 [ Method of Decision ] (1) The ruling on registration of a trademark shall be made in writing and shall state the reasons therefor. (2) Where an examiner has made a ruling on the registration of a trademark, the Commissioner of the Korean Industrial Property Office shall transmit a certified copy of the ruling to the applicant. Article 32 [ Suspension of Examination or Litigation Proceedings ] (1) The examination procedure of an application for registration of a trade- mark may, if necessary, be suspended until a trial decision has become final and conclusive or litigation proceedings have been concluded. (2) The court may, if necessary in the litigation, suspend proceedings until the examiner's decision has become final. Article 33 [ Mutatis Mutandis Application of Provisions of the Patent Law ] Articles 148(1) to (5) and (7) and 157 of the Patent Law and Articles 133, 271 and 339 of the Code of Civil Procedure shall apply mutatis mutandis to the examination of applications for the registration of trademarks. Chapter コ Trademark Registration Fees and Registration of Trademarks Article 34 [ Trademark Registration Fees ] (1) A person desiring to obtain the registration of a trademark right, the supplementary registration of designated goods or the registration of a renewal of the term of a trademark right shall pay the trademark registration fees. (2) Regardless of the will of a person liable to pay the trademark regist- ration fees, any interested person may pay the trademark registration fees under paragraph (1). (3) Matters necessary to the payment of trademark registration fees, including the procedure and time limits for payment, shall be prescribed by the Ordinance of the Ministry of Trade, Industry, and Energy. Article 35 [ Extension of Period for Payment of Trademark Registration Fees ] The Commissioner of the Korean Industrial Property Office may, upon request, extend the period for payment of trademark registration fees under Article 34(3) for a period not exceeding 30 days. Article 36 [ Abandonment of Application for Registration of Trademark as a Consequence of Nonpayment of Trademark Registration Fees ] If the trademark registration fees are not paid within the periods provided for in Article 34(3) or 35, the application for the registration of a trademark, for the supplementary registration of designated goods or for the registration of the renewal of the term of a trademark shall be deemed to have been abandoned. Article 37 [ Official Fees ] (1) A person filing an application, making a demand or initiating another procedure with regard to a trademark shall pay official fees. However, in the case of a demand for an invalidation trial made by an examiner under Article 71(1) or 72(1), such fees are not applicable. (2) Matters necessary to the payment of official fees, including the procedure and time limits for payment of the fees under paragraph (1), shall be prescribed by the Ordinance of the Ministry of Trade, Industry, and Energy. (3) A person who desires to make an application for duration renewal registration of a trademark right in the period as prescribed in the proviso of Article 43(2), shall pay the fee as referred to in Paragraph (2) adding the amount as determined by the Ordinance of the Ministry of Trade, Industry, and Energy. Article 38 [ Refund of Trademark Registration Fees ] Trademark registration fees and official fees which have been paid shall not be refunded. However, where those fees have been paid by mistake, they shall be refunded without delay upon request by a person who made such payment, where such request is made within one year from the date of the payment. Article 39 [ Trademark Register ] (1) The Commissioner of the Korean Industrial Property Office shall keep a Trademark Register at the Korean Industrial Property Office and shall register the following matters in it: (ァ) the establishment, transfer, modification, extinguishment, renewal of the term, supplementary registration of designated goods or restriction on disposal, of a trademark right; (ア) the establishment, maintenance, transfer, modification, extinguishment, or restriction on disposal of an exclusive or nonexclusive license; and (ィ) the establishment, transfer, modification, extinguishment, and restriction on disposal of a pledge on a trademark right or on an exclusive or non- exclusive license. (2) All or part of the Trademark Register may be stored on magnetic tape. (3) Necessary matter relating to registration and procedures not provided for in paragraphs (1) and (2) shall be prescribed by the Presidential Decree. Article 40 [ Issuance of Certificate of Registration of Trademark ] (1) When the establishment of a trademark right has been registered, the Commissioner of the Korean Industrial Property Office shall issue a certificate of registration of the trademark to the owner of the trademark. (2) Where the certificate of registration of a trademark does not coincide with the Trademark Register, the Commissioner of the Korean Industrial Property Office shall reissue the certificate with amendments, or issue a new certificate upon request or ex officio. Chapter ゴ Trademark Right Article 41 [ Registration of Establishment of Trademark Right ] (1) A trademark right shall come into force upon registration of its establishment. (2) Where a person has paid the trademark registration fees in accordance with Article 34(1), the Commissioner of the Korean Industrial Property Office shall issue to him a certificate of registration of the establishment of the trademark right. Article 42 [ Term of Trademark Right ] (1) The term of a trademark right shall be 10 years from the date of regist- ration of its establishment. (2) The term of a trademark right may be renewed every 10 years upon appli- cation for registration of the renewal of its term, except in cases where the trademark has fallen under any of the subparagraphs of Article 6(1) (excluding Article 6(2)) or any of Article 7(1)(ァ) to (ゥ) or (xi). (ァ) deleted (ア) deleted Article 43 [ Application for Registration of Renewal of Term ] (1) Any person desiring registration of the renewal of the term of a trade- mark right under Article 42(2) shall file an application with the Commissioner of the Korean Industrial Property Office, stating the following: (ァ) matters in each subparagraph of Article 9(1); (ア) the registration number of the trademark concerned; and (ィ) deleted (2) The application for registration of the renewal of the term of a trade- mark right shall be filed within one year prior to the date of expiration of the term of the trademark right. However, a person who fails to apply for registration in renewing the term of a trademark right in this period, may do it within six months after the duration of the trademark right is terminated. (3) Where a trademark right is owned jointly, all joint owners shall jointly file an application for registration of the renewal of the term. (4) In addition to the provisions of paragraphs (1) to (3), matters necessary to applications for registration of the renewal of the term of a trademark right shall be prescribed by the Ordinance of the Ministry of Trade, Industry, and Energy. Article 44 [ Division of Application for Registration of Renewal of Term of Trademark Right ] (1) Where the designated goods of a registered trademark cover two or more classes of the classification of goods, the application for the registration of the renewal of the term of a trademark right shall be divided according to the respective classes. (2) Where, in an application for the registration of the renewal of the term of a trademark right under Article 43(1), the applicant designates goods falling under two or more classes, he may divide the application into two or more appli- cations designating goods according to the respective classes within the period provided for in Article 14 for amendment. (3) A divisional application for the registraion of the renewal of the term under paragraph (2) shall be deemed to have been filed at the time of filing of the original application for registration of the renewal of the term. Article 45 [ Ruling of Refusal of Application for Registration of Renewal of Term and Notification of Reasons of Rejection ] (1) The examiner shall make a ruling of refusal of an application for the registration of the renewal of the term of a trademark right where it falls under any one of the following subparagraphs: (ァ) the application falls under the proviso of Article 42(2); (ア) the applicant is not the owner of the trademark right concerned; (ィ) the application is in violation of Article 43(2); (イ) the application is in violation of Article 44(1); (ゥ) the trademark is not identical with the registered trademark; or (ウ) Where the designated goods for which the renewal registration of the term of the trademark right is applied, is not the designated goods of such registered trademark, or the designated goods are not conformed to the categories of goods as determined by the Ordinance of the Ministry of Trade, Industry, and Energy. (2) Where the examiner intends to make a ruling to refuse an application for the renewal of the term of a trademark registration under paragraph (1), he shall notify the applicant of the reasons for the refusal and give him an opportunity to submit his arguments in writing within the designated time limit. Article 46 [ Effect of Application for Registration of Renewal of Term of a Trademark Right, etc. ] (1) Where an application for the registration of the renewal of the term of a trademark right has been filed within the period provided for in Article 43(2), the term of the trademark right shall be deemed to have been renewed, except, however, where a decision of rejection thereof has become final and conclusive. (2) The registration of the renewal of the term of a trademark right shall come into force on the day following the date of expiration of the original registration. Article 47 [ Application for Supplementary Registration of Designated Goods ] (1) The owner of a trademark right or an applicant for the registration of a trademark right may obtain supplementary registration of designated goods to be added to those of the same class of the classification in the registered trademark or in the application for the registration of a trademark. (2) A person intending to obtain supplementary registration of designated goods under paragraph (1) shall submit an application for supplementary regist- ration of designated goods to the Commissioner of the Korean Industrial Property Office stating the following: (ァ) matters in Article 9(1)(ァ) to (ィ) and (ゥ) to (ェ); (ア) the registration number of the trademark or number of the application for registration of a trademark; and (ィ) the supplementary goods to be designated and the corresponding class of the classfication. Article 48 [ Ruling of Refusal of Application for Supplementary Registration of Designated Goods and Notification of Reasons of Rejection ] (1) Where an application for supplementary registration of designated goods falls under any one of the following subparagraphs, the examiner shall render a ruling of refusal thereof: (ァ) it falls under any one of the subparagraphs of Article 23(1); (ア) the applicant is not the owner of the trademark right or the applicant for registration of the trademark concerned; (ィ) the trademark is not identical with the trademark registered or the trademark for which an application for registration has been filed; or (イ) the right under the registered trademark has been extinguished or the application for registration of a trademark has been withdrawn, abandoned or invalidated or the decision of rejection of the application has become final and conclusive. (2) If the examiner intends to render a ruling to refuse an application for supplementary registration of designated goods under paragraph (1), he shall notify the applicant of the reasons for the refusal and give him an opportunity to submit his arguments in writing within the designated time limit. Article 49 [ Mutatis Mutandis Application of Provisions of the Patent Law ] (1) Articles 13, 14, 16, 17, 22 and 30 to 32 of this Law and Article 148(ァ) to (ゥ) and (ェ) of the Patent Law shall apply mutatis mutandis to applications for the registration of the renewal of the term of a trademark right. (2) Articles 13 to 17, 20 to 22 and 24 to 32 of this Law, Articles 148(1) (ァ) to (ゥ) and (ェ) and 157 of the Patent Law and Articles 133, 271 and 339 of the Code of Civil Procedure shall apply mutatis mutandis to applications for supplementary registration of designated goods. Article 50 [ Effects of Trademark Right ] The owner of a trademark right shall have an exclusive right to use the registered trademark with respect to the designated goods. However, where the trademark right is the subject of an exclusive license, this provision shall not apply to the extent that the exclusive licensee has the exclusive right to use the registered trademark under Article 55(3). Article 51 [ Limits of Trademark Right ] The effects of the trademark right shall not extend to the following: (ァ) trademarks indicating, in a common way, a person's own name, title or trade name, portrait, signature, seal, famous pseudonym, professional name or pen name, or a famous abbreviation thereof; however, this provision shall not apply where, after registration of the establishment of the trademark right, such mark has been used with the intention of violating the rules of fair competition; (ア) trademarks indicating, in a common way, the common name, origin, place of sale, quality, raw materials, efficacy, use, quantity, shape or price of the designated goods concerned or goods similar thereto, or the method or time of manufacturing, processing or use of such goods; and (ィ) trademarks customarily used on the designated goods or goods similar thereto, and marks consisting of famous geographical names or their abbreviations or of a map. Article 52 [ Extent of Protection of Registered Trademark, etc. ] (1) The extent of protection conferred by a registered trademark shall be determined on the basis of the trademark reproduced in the documents accompanying the application for registration of a trademark. (2) The extent of protection conferred to the designated goods shall be determined on the basis of the goods listed in the documents accompanying the application for registration of a trademark. Article 53 [ Relationship with Another Design Right, etc. ] When the use of a registered trademark on the designated goods conflicts with another person's design right under an application for the registration of a design filed prior to the filing date of the application for the registration of the trademark concerned, or with another person's copyright effective prior to that date, the owner of the trademark right, or the exclusive or nonexclusive licensee, shall not use the registered trademark on the part of the designated goods giving rise to the conflict without the license of the owner of the earlier design right or copyright. Article 54 [ Assignment and Joint Ownership of Trademarks, etc. ] (1) A trademark right may be assigned separately for each of the designated goods. In this case, rights in respect of similar designated goods shall be assigned together with the assignment of the trademark. (2) The trademark right in an associated trademark shall be assigned together with an associated trademark and an application for the registration of an associated trademark concerning designated goods or goods similar thereto. (3) The assignment of a trademark right shall, except in the case of inheritance or other general succession, be published in a daily newspaper or in publications determined by the Ordinance of the Ministry of Trade, Industry, and Energy. (4) The assignment of a trademark right shall not be registered until 30 days have elapsed since the publication under paragraph(3). (5) A joint owner of a trademark right may neither assign his share nor establish a pledge upon it without the consent of all the other joint owners. (6) A joint owner may grant neither an exclusive nor a nonexclusive license under the trademark right without the consent of all the other joint owners. (7) A business emblem right under Article 2(1)(イ) may not be assigned; however, this provision shall not apply where the business emblem is assigned together with the business. (8) A trademark right registered under the proviso of Article 7(1)(ィ) may not be assigned; however, this provision shall not apply where it is assigned together with the business relating to the mark referred to in the principal sentence of Article 7(1)(ィ). (9) A collective mark right may not be transferred; however, in the case of a merger of a legal entity, the collective mark may be assigned with the authorization of the Commissioner of the Korean Industrial Property Office. Article 55 [ Exclusive License ] (1) The owner of a trademark right may grant an exclusive license on the trademark right. (2) An exclusive license may not be granted under a business emblem or a collective mark right. (3) An exclusive licensee, who has been granted an exclusive license under paragraph (1), shall have an exclusive right to use the registered trademark on the designated goods to the extent provided for in the license contract. (4) An exclusive licensee shall indicate his own name or title on the goods. (5) An exclusive licensee may not assign the license without the consent of the owner of the trademark right, except in the case of inheritance or other general succession. (6) An exclusive licensee may establish a pledge or grant a nonexclusive license on the exclusive license only with the consent of the owner of the trademark right. (7) Article 54(5) and (6) shall apply mutatis mutandis to exclusive licenses. Article 56 [ Effects of Registration on Tradermark Right and Exclusive License ] (1) The following shall be of no effect unless they are registered: (ァ) the transfer (except in the case of inheritance or other general succession), modification, extinguishment by abandonment, renewal of term of a trademark right, supplement of designated goods or restriction on the disposal thereof; (ア) the grant, transfer (except in the case of inheritance or other general succession), modification or extinguishment by abandonment of an exclusive license, or restriction on the disposal thereof; or (ィ) the establishment, transfer (except in the case of inheritance or other general succession), modification or extinguishment by abandonment of a pledge on a trademark right or exclusive license, or restriction on the disposal thereof. (2) Inheritance of, or other general succession relating to, a trademark right, exclusive license and pledge under paragraph (1) shall be notified without delay to the Commissioner of the Korean Industrial Property Office. Article 57 [ Nonexclusive License ] (1) The owner of a trademark right may grant to others a nonexclusive license on his trademark right. (2) A nonexclusive licensee who has been granted a nonexclusive license under paragraph (1) shall have the right to use the registered trademark on the designated goods to the extent provided for by the license contract. (3) A nonexclusive license may not, except in the case of inheritance or other general succession, be transferred without the consent of the owner of the trademark right (or the owner of the trademark right and the exclusive licensee in the case of a nonexclusive license on an exclusive license). (4) A pledge may not be established on a nonexclusive license without the consent of the owner of the trademark right(or the owner of the trademark right and the exclusive licensee in the case of a nonexclusive license on an exclusive license). (5) Articles 54(5) and 55(2) and (4) shall apply mutatis mutandis to non- exclusive licenses. Article 58 [ Effects of Registration of Nonexclusive License, etc. ] (1) The following shall not be effective against any third parties unless they are registered: (ァ) the grant, transfer (except in the case of inheritance or other general succession), modification, extinguishment by abandonment of a nonexclusive license, or restriction on the disposal thereof; (ア) the establishment, transfer (except in the case of inheritance or other general succession), modification, extinguishment by abandonment of a pledge on a nonexclusive license, or restriction on the disposal thereof. (2) Where a nonexclusive license has been registerd, it shall also be effective against any person who subsequently acquires the trademark right or an exclusive license. (3) Inheritance of, or other general succession relating to, a nonexclusive license or a pledge under paragraph (1) shall be notified without delay to the Commissioner of the Korean Industrial Property Office. Article 59 [ Abandonment of Trademark Right ] The owner of a trademark right may abandon his trademark right for any one of the designated goods. Article 60 [ Restriction on Abandonment of Trademark Right, etc. ] (1) The owner of a trademark right shall not abandon his trademark right without the consent of the exclusive or nonexclusive licensee or pledgee. (2) An exclusive licensee shall not abandon his exclusive license without the consent of a pledgee or nonexclusive licensee under Article 55(6). (3) A nonexclusive licensee shall not abandon his nonexclusive license without the consent of a pledgee under Article 57(4). Article 61 [ Effect of Abandonment ] Where a trademark right, an exclusive or nonexclusive license, or a pledge has been abandoned, the trademark right, exclusive or nonexclusive license or pledge shall be extinguished as of the time of abandonment. Article 62 [ Pledge ] Where a trademark right or an exclusive or nonexclusive license is the subject of a pledge, the pledgee may not use the registered trademark. Article 63 [ Subrogation for Right of Pledge ] A pledge may be exercised against the remuneration provided for under this Law or goods to be received for the use of the trademark right; however, an attachment order shall be obtained prior to the payment or delivery of the remuneration or goods. Article 64 [ Extinguishment of Trademark Right ] Where an application for the transfer of the registration of a trademark right is not filed by a successor in title within three years following the death of the original owner of the trademark right, the trademark right shall be extinguished as from the day following the expiration of three years from the date of the death of the original owner of the trademark right. Chapter サ Protection of Owner of Trademark Right Article 65 [ Injunction, etc., Against Infringement ] (1) The owner of a trademark right or an exclusive licensee may request a person who is infringing or is likely to infringe his trademark right or exclusive license to discontinue or refrain from such infringement. (2) The owner of a trademark right or exclusive licensee who is acting under paragraph (1) may demand the destruction of the articles by which the act of infringement was committed, the removal of the facilities used for the act of infringement, or other measures necessary to prevent the infringement. Article 66 [ Acts Deemed to be Infringement ] The following acts shall be deemed to be infringing a trademark right or an exclusive license: (ァ) using a trademark identical with the registered trademark of another person on goods identical with, or similar to, the designated goods, or using a trademark similar to the registered trademark of another person on goods identical with, or similar to, the designated goods; (ア) acts of delivering, selling, counterfeiting, imitating or possessing a trademark identical with, or similar to, the registered trademark of another person for the purposes of using or causing a third party to use such trademark on goods indentical with, or similar to, the designated goods; (ィ) acts of manufacturing, delivering, selling or possessing instruments for the purposes of counterfeiting or imitating a registered trademark of another person or causing a third party to counterfeit or imitate such trademark. Article 67 [ Presumption, etc., of Amount of Damage ] (1) Where the owner of a trademark right or an exclusive licensee claims compensation from a person who has intentionally or negligently infringed the trademark right or the exclusive license for damage caused to him by such infringe- ment, the profits gained by the infringer through the infringement shall be presumed to be the amount of damage suffered by the owner of the trademark right or exclusive licensee. (2) Where the 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 damage caused to him by the infringe- ment, the amount of money which he would normally be entitled to receive for the use of the registered trademark may be claimed as the amount of damage suffered by him. (3) Notwithstanding paragraph (2), where the amount is in excess of the amount referred to therein, the amount in excess may also be claimed as compen- sation for damage. In such a case, the court may take into consideration the fact that there has been neither willfullness nor gross negligence on the part of the person who has infringed the trademark right or the exclusive license when awarding damages. Article 68 [ Presumption of Intent ] A person who has infringed a trademark right or an exclusive license, marked with an indication of a trademark registration in accordance with Article 90, shall be presumed to have known that such trademark was registered. Article 69 [ Measures for Recovery of Business Reputation of Owner of Trademark Right, etc. ] Upon request of the owner of a trademark right or an exclusive licensee, the court may, in lieu of damages or in addition thereto, order the person who has injured the business reputation of the owner of the trademark right or exclusive licensee, by intentionally or negligently infringing the trademark right or exclusive license, to take necessary measures to restore the business reputation of the said owner or exclusive licensee. Article 70 [ Submission of Documents ] In litigation relating to the infringement of a trademark right or an exclusive license, the court may, upon the request of a party, order the other party to submit documents necessary for the assessment of the damage caused by the infringement. However, this provision shall not apply where the person possessing the documents has justifiable reason for refusing to submit them. Chapter ザ Trial and Appellate Trial Article 71 [ Invalidation Trial of Trademark Registration ] (1) In the following cases, an interested person or an examiner may demand a trial to invalidate the registration of a trademark or the supplementary registration of designated goods. In such a case, if two or more designated goods are covered by the trademark registration, a demand for an invalidation trial may be made for each of the designated goods: (ァ) the registration has been effected contrary to the proviso of Article 3, to Articles 8, 11(1) and (3) or 12(2) (second sentence), (3), (5) and (7) to (9) of this Law or contrary to Article 25 of the Patent Law applied under Article 5 of the Law; (ア) the registration has been effected in violation of a treaty; (ィ) the registration has been effected on the basis of an application filed by a person who is not a successor in title to the right deriving from the trademark application; (イ) after the registration, the owner of the trademark right is no longer capable of enjoying such right under Article 25 of the Patent Law applied under Article 5 of this Law, or the registration no longer complies with a treaty. (2) A trial for invalidation under paragraph (1) may be demanded even after the extinguishment of a trademark right. (3) Where a trial decision invalidating a trademark registration has become final and conclusive, the trademark right shall be deemed never to have existed; however, where a trial decision invalidating a trademark right has existed; however, where a trial decision invalidating a trademark right has become final and conclusive under paragraph (1)(イ), the trademark right shall be deemed not to have existed from the time when the trademark registration first fell under the said paragraph. (4) Where a trial under paragraph (1) has been demanded, the presiding trial examiner shall notify the contents of the demand to the exclusive licensee of the trademark right and to other persons who have any registered right relating to the trademark. Article 72 [ Invalidation Trial of Registration of Renewal of Term of Trademark Right ] (1) In the following cases, an interested person or an examiner may demand a trial to invalidate the registration of the renewal of the term of a trademark right. In such a case, if two or more designated goods are covered by the registration of the renewal of the term of the trademark right, a demand for an invalidation trial may be made for each of the designated goods: (ァ) the registration of the renewal has been effected contrary to the proviso of Article 42(2); (ア) the registration of the renewal has been effected contrary to Article 43(2); (ィ) the registration of the renewal has been applied for by a person who is not the owner of the trademark right concerned. (2) A trial for invalidation under paragraph (1) may be demanded even after the extinguishment of a trademark right. (3) Where a trial decision invalidating the registration of the renewal of the term of a trademark right has become final and conclusive, the registration of the renewal of the term shall be deemed never to have existed. (4) Article 71(4) shall apply mutatis mutandis to the demand for an invali- dation trial under paragraph (1). Article 73 [ Trial for Cancellation of Trademark Registration ] (1) A trial may be demanded for the cancellation of the registration of a trademark if the registered trademark falls under any one of the following subparagraphs: (ァ) the owner of the trademark right has caused another person to use a trademark identical with, or similar to, his own registered trademark for goods identical with, or similar to, the designated goods with respect to the registered trademark for more than six months without registration of the grant of an exclusive or nonexclusive license; (ア) the owner of the trademark right intentionally uses a trademark similar to the registered mark on the designated goods or uses the registered trademark, or a trademark similar thereto, on goods similar to the designated goods in a manner that may be misleading as to the quality of the goods or which is liable to cause confusion with goods connected with another person's business. (ィ) neither the owner of the trademark right nor the exclusive or nonexclusive licensee has been continuously using the registered trademark for more than three years on the designated goods in the Republic of Korea without any justifiable reason before the date of the trial for cancellation; (イ) the owner of the trademark right comes under the terms of Article 54(1) (second sentence), (2), (5) or (7) to (9); (ゥ) the member of the association causes another person to use its collective mark contrary to the provisions of the statutes of the association; (ウ) a collective mark has become likely to mislead as to the quality of goods, or cause confusion among consumers with goods connected with another person's business by a change of the statutes of the association under Article 9(3); (ェ) a trademark falling under the principal sentence of Article 23(1)(イ) has been registered and the owner of the original trademark demands a trial for cancellation within five years from the date of registration of the trademark; or (エ) the exclusive or nonexclusive licensee uses the registered trademark, or a similar trademark, on the designated goods, or goods similar thereto, in a manner that is liable to mislead consumers as to the quality of the goods or to cause confusion among consumers with goods connected with another person's business; however, this provision shall not apply where the owner of the trademark right has taken appropriate care. (2) Where a trademark right is transferred contrary to Article 54(2), trial for cancellation of the trademark registration may be demanded against the associated trademark which is to be transferred with the registered trademark of the trademark right. (3) Where a trial for cancellation is demanded for reasons referred to in paragraph (1)(ィ), a trial for cancellation may be demanded for a part of the designated goods if the designated goods covered by the trademark registration are two or more. (4) Where a trial for cancellation is demanded for a reason referred to in paragraph (1)(ィ), if the defendant cannot prove that the registered trademark (or if there is another registered trademark which is an associated trademark with respect to the registered trademark, the registered trademark or such other registered trademark) has been used in the Republic of Korea within three years prior to the date of the demand for the trial on one or more of the designated goods to which the demand relates, the owner of the trademark right may not avoid the cancellation of the registration of the trademark for the designated goods; however, this provision shall not apply where the defendant can prove a justifiable reason for the failure to use the registered trademark. (5) The reasons for cancellation shall not be affected when the facts giving rise to a demand for a cancellation trial no longer exists after the demand for trial is made for reasons referred to in paragraph (1)(ァ) to (ィ), (ゥ), (ウ) or (エ). (6) A trial for cancellation under paragraph (1) may be demanded only by an interested person, except that a trial demanded for reasons referred to in paragraph (1)(ア), (ウ) or (エ) may be demanded by anyone. (7) Where a trial decision ordering the cancellation of a trademark registration has become final and conclusive, the trademark right shall become extinguished as from that moment. (8) Article 71(4) shall apply mutatis mutandis to the demand for a trial under paragraph (1) or (2). Article 74 [ Trial for Cancellation of Registration of Exclusive or Nonexclusive License ] (1) Where the exclusive or nonexclusive licensee accomplishes an act referred to in Article 73(1)(エ), a trial for cancellation of the registration of the exclusive or nonexclusive license may be demanded. (2) The reasons for cancellation shall not be affected when the facts giving rise to a demand for a cancellation trial no longer exists after the demand for trial for cancellation of the registration of an exclusive or nonexclusive license is made under paragraph (1). (3) Anyone may demand a trial for cancellation of an exclusive or nonexclusive license under paragraph (1). (4) Where a trial decision ordering the cancellation of the registration of an exclusive or nonexclusive license has become final and conclusive, the exclusive or nonexclusive license shall become extinguished from that moment. (5) Where a trial under paragraph (1) has been demanded, the presiding trial examiner shall notify the nonexclusive licensee and other persons who have any registered right relating to the trademark right and the persons who have any registered right with respect to the exclusive or nonexclusive license of the demand. Article 75 [ Trial to Confirm Scope of Trademark Right ] The owner of a trademark right or an interested person may demand a trial to confirm the scope of a trademark right. Article 76 [ Statute of Limitation ] (1) A trial for invalidation of a trademark registration and of the regist- ration of the renewal of the term of a trademark right under Articles 7(1)(ウ) to (ォ), 8, and 72(1)(ア) may not be demanded after five years from the date of registration of the trademark or from the date of registration of the renewal of the term of the trademark right. (2) A trial for cancellation of a trademark registration and of the regist- ration of an exclusive or nonexclusive license under Articles 73(1)(ァ), (ア), (ゥ) and (エ) and 74(1) may not be demanded after three years from the date on which the alleged facts have ceased to exist. Article 77 [ Mutatis Mutandis Application of Provisions of the Patent Law ] Articles 139 to 166 of the Patent Law shall apply mutatis mutandis to a trial. Article 78 [ Request for Appellate Trial ] Any person who objects to an examiner's ruling of rufusal or a trial fuling may request an appellate trial within 30 days from the date of receipt of a certified copy of the ruling of refusal or trial ruling. In this case, no appeal shall lie only against the costs of the trial. Article 79 [ Formal Requirements of Demand for Appellate Trial Against Examiner's Ruling of Refusal ] (1) A person who requests an appellate trial against an examiner's ruling of refusal shall submit his request in writing to the Commissioner of the Korean Industrial Property Office stating the following: (ァ) the name and domicile of the demandant and his agent (in the case of a legal entity, the title, the place of business and the name of its representative); (ア) the number and date of the application which is the subject of the rejection; (ィ) the designated goods and the classes of the goods; (イ) the date of the examiner's decision; (ゥ) the identification of the trial case; (ウ) the purpose of, and reasons for, the demand for appellate trial; and (ェ) the date of submission of the demand. (2) Where an appellate trial has been demanded under Article 78, the Commissioner of the Korean Industrial Property Office shall notify the opponent of the demand for appellate trial when the ruling of refusal was rendered on the basis of an opposition to the registration of a trademark. Article 80 [ Request for Appellate Trial Against Ruling to Decline Amendment) (1) A person who objects to an examiner's decision of rejecting an amendment under Article 17(1) may request an appellate trial within 30 days from the transmittal of the decision. (2) Article 79(1) shall apply mutatis mutandis to the request for an appellate trial under paragraph (1). (3) In an appellate trial requested under paragraph (1), where a trial ruling that the decision wherein an amendment is rejected shall be cancelled has been rendered, the examiner shall be bound by the reasons constituting the basis for the trial ruling. Article 81 [ Mutatis Mutandis Application of Provisions on Examination to Appellate Trial] (1) Articles 15, 17, 18, 23(2), 24 to 30, 45(2) and 48(2) shall apply mutatis mutandis to an appellate trial against a ruling of refusal; however, Article 24 shall not apply where an application for the registration of a trademark or for the supplementary registration of designated goods has already been published. (2) In the case of Article 17 being applied under paragraph (1), "where an applicant has demanded an appellate trial under Article 80(1) "in Article 17(3) shall read" where an appeal to the Supreme Court has been demanded under Article 186(1) of the Patent Law applied under Article 86(2) of this Law". (3) Article 17(4) to (6), 23(2), 45(2) and 48(2) applied under paragraph (1) shall apply mutatis mutandis where reasons for refusal other than that were contained in the ruling of refusal are found. Article 82 [ Mutatis Mutandis Application of Provisions of the Patent Law ] (1) Article 139 to 166, 172, 176 and 177 of the Patent Law shall apply mutatis mutandis to appellate trials. (2) In case of application of Article 146(1) and 164(1) of the Patent Law under paragraph (1) of this Article , "three persons" in Article 146(1) of the Patent Law and "other trial decision or decision of an appellate trial" in Article 164(1) of the Patent Law shall read, respectively, "three or five persons" and "other decisions of the appellate trial or judgment of the Supreme Court". (3) In case of application of Article 156 of the Patent Law under paragraph (1), the costs of the appellate trial against the decision of rejection under Article 78 and of the appellate trial under Article 80 of this Law shall be borne by the plaintiff or the opponent. (4) Articles 147(1) and (2), 155 and 156 of the Patent Law applied under paragraph (1) shall not apply to an appellate trial against a decision of rejection under Article 78 and an appellate trial under Article 80 of this Law. Chapter シ Retrial and Litigation Article 83 [ Request for Retrial ] (1) Any party may request a retrial against a trial decision which has become final and conclusive. (2) Articles 422 and 424 of the Code of Civil Procedure shall apply mutatis mutandis to the request for a retrial under paragraph (1). Article 84 [ Request for Retrial on Account of Collusion ] (1) Where the parties in a trial or appellate trial acted in collusion to cause a trial or appellate trial ruling to be rendered for the purpose of injuring the rights or interests of a third person, such third person may request a retrial against the trial ruling which has become final and conclusive. (2) In such a retrial, the parties in the trial or appellate trial shall be made joint defendants. Article 85 [ Restriction on Effects of Trademark Rights Restored by Retrial ] The effects of a trademark right shall not extend to the acts of using a trademark identical with the registered trademark on goods identical with the designated goods, and the acts referred to in Article 66(ァ) to (ィ) in good faith, after the decision concerned became final and conclusive but before the demand for retrial has been registered, where: (ァ) the trademark registration or the registration of the renewal of the term of the trademark right which was invalidated has been restored by a retrial; (ア) the trademark registration that had been cancelled has been restored by a retrial; or (ィ) after a trial decision that a product was outside the scope of the trademark right became final and conclusive, a decision to the contrary has been rendered at a retrial. Article 86 [ Mutatis Mutandis Application of Provisions of the Patent Law ] (1) Articles 180 and 184 of the Patent Law and Article 429(1) of the Code of Civil Procedure shall apply mutatis mutandis to procedures and demands for a retrial. (2) Articles 186 to 189 of the Patent Law shall apply mutatis mutandis to litigation under this Law. In such a case, "Article 51(1) applied under Article 170(1)" in Article 186(1) of that Law shall read "Article 17 applied under Article 81(1)" and "Articles 133(1), 134(1), 135(1), 137(1) and 138(1)" in the proviso of Article 187 of that Law shall read "Articles 71(1), 72(1), 73(1) and (2), 74(1) and 75". Chapter ジ Supplementary Provisions Article 87 [ Inspection of Documents, etc. ] A person who requires a certificate for a trademark, a certified copy or extract of documents, inspection or copy from the Trademark Register or docu- ments may make a request to that effect to the Commissioner of the Korean Industrial Property Office. Article 88 [ Prohibition of Opening or Removal of Trademark Register and Documents Relating to Examination, Trial, Retrial and Appellate Trial ] (1) The removal of the trademark Register or of documents relating to examination, trial, retrial or appellate trial shall be prohibited. (2) An answer shall not be given to a request for an expert opinion, testimony or an inquiry as to the contents of a case that is in the process of examination, trial, retrial or appellate trial or as to the contents of a decision or ruling. Article 89 [ Trademark Gazette ] (1) The Korean Industrial Property Office shall publish the Trademark Gazette. (2) The matters to be published in the Trademark Gazette shall be prescribed by the Presidential Decree. Article 90 [ Indication of Trademark Registration ] The owner of a trademark right or an exclusive or nonexclusive licensee may apply the indication "Registered Trademark" on the designated goods or their packaging. Article 91 [ Prohibition of False Indication ] No person shall be allowed to perform any of the following acts: (ァ) marking an indication that a trademark has been registered, or that an application for the registration of a trademark has been filed, on goods for which a trademark has not been registered or an application for registration is not pending; (ア) marking an indication that a trademark has been registered, or that an application for the registration of a trademark has been filed, upon advertisements, signboards, labels or business papers, etc., where a trademark has not been registered or an application for registration is not pending. Article 91 bis ゞ Amdended on Dec. 29, 1995 〃 [ Special Provision for the Trademark, which is Similar to the Registered Trademark, etc. ] (1) "Registered trademark" provided in Article 45 paragraph (1)(ゥ) (ruling of refusal of application for registration of renewal of term and notification of reasons of Refusal), Article 50 (effects of the trademark right), Article 53 (relationship with another design right, etc.), Article 55(3) (effect of the exclusive license), Article 57(2) (effect of the nonexclusive license), Article 62 (pledge), Article 67(2) (presumption of amount of damage, etc.), Article 73(1)(ィ) and (4) (trial for the cancellation of the trademark regist- ration), Article 85 (restriction on the effects of the trademark rights restored by retrial), Article 90 (indication of the trademark registration) and Article 91 (prohibition of false marking), shall include the trademarks, which are similar to the "registered trademark" and are regarded as being identical with the "registered trademark", if they had the same colors as those of the "registered trademark". (2) "Trademarks similar to the registered trademarks" provided in Article 66(ァ) (infringement by using a trademark, which is similar to the registered trademark) and Article 73 (1)(ア) (trial for the cancellation of a trademark registration), shall not include trademarks, which are similar to the "registered trademark" and are regarded as being identical with the "registered trademark", if they had the same colors as those of the "registered trademark". Article 92 [ Mutatis Mutandis Application of Provisions of the Patent Law ] Articles 218 to 220 and 222 of the Patent Law shall apply mutatis mutandis to trademarks. Chapter ス Penal Provisions Article 93 [ Offense of Infringement ] Any person who has infringed a trademark right or an exclusive license shall be liable to imprisonment for of up to five years or to a fine of up to 20,000,000 won. Article 94 [ Offense of Perjury ] (1) Where a witness, expert witness or interpreter, having taken an oath under the law, has made a false statement or given a false expert opinion or interpreted falsely before the Korean Industrial Property Office or a court to which the case has been referred by the Commissioner, he shall be liable to imprisonment for up to five years or to a fine of up to 5,000,000 won. (2) Any person having committed an offense under paragraph (1) who admits it before the conclusion of the examination of the case, before the examiner's decision is rendered or before a trial decision on the case becomes final and conclusive may be partially or totally exempted from the application of the sentence. Article 95 [ Offense of False Marking ] Any person who has violated Article 91 shall be liable to imprisonment for up to three years or to a fine of up to 20,000,000 won. Article 96 [ Offense of Fraud ] Any person who has obtained a trademark registration, the supplementary registration of designated goods, the registration of the renewal of the term of a trademark right or a trial decision by means of a fraudulent act or any other unjustified act shall be liable to imprisonment for up to three years or to a fine of up to 5,000,000 won. Article 97 [ Dual Liability ] Where an officer of a legal entity or an agent, employee or any other servant of a legal entity or natural person has committed an act in violation of Article 93, 95 or 96 with regard to the business of the legal entity or natural person, the legal entity or natural person, in addition to the offender, shall be sentenced to the fine provided for in those respective Articles. Article 98 [ Administrative Fine ] (1) any person who has committed an act in violation of any of the following subparagraphs shall be liable to an administrative fine of up to 500,000 won: (ァ) he has taken an oath under Article 271(2) or 339 of the Code of Civil Procedure and has made a false statement before the Korean Industrial Property Office or a court to which the case has been referred by the Commissioner; (ア) he was ordered by the Korean Industrial Property Office or a court to which the case has been referred by the Commissioner to submit or show documents or other things with respect to taking of evidence or to the preservation of evidence, and has failed to comply with the order without justifiable reasons; or (ィ) he was summoned by the Korean Industrial Property Office or a court to which the case has been referred by the Commissioner as a witness, expert witness or interpreter and has failed to comply with the sub- poena or has refused to take an oath, to make a statement, to testify, to give an expert opinion or to interpret, without justifiable reasons. (2) The administrative fine referred to in paragraph (1) shall be imposed and collected by the Commissioner of the Korean Industrial Property Office as prescribed by the Presidential Decree. (3) Any person who objects to the imposition of an administrative fine under paragraph (2) may make a protest to the Commissioner of the Korean Industrial Property Office within 30 days from the date of notification of the imposition. (4) The Commissioner of the Korean Industrial Property Office shall, upon receipt of a protest under paragraph (3), notify it without delay to the competent court, which shall adjudicate upon the case of an administrative fine according to the provisions of the Act on Non-Contentious Procedures. (5) Where no objection has been raised within the period prescribed in paragraph (3) and where the fine has not been paid, the Commissioner of the Korean Industrial Property Office shall collect it in accordance with the rules concerning collection of national taxes in arrears through the head of the competent tax office. Addendum ('95.12.29) This Law shall enter into force on January 1, 1996.

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