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Laws of the Republic of Korea |
ENFORCEMENT RULES OF THE TRADEMARK ACT
[Enacted on July 29]
[2010 by the Decree of the Ministry of Knowledge-based Economy.
Amended on July 29, 2010 in part.]
Korean Intellectual Property Office
042-481-5089
The Ministry of Knowledge Economy
Partially amended on July 29, 2010 (Law No.143) Partially amended on December 31, 2008 (Law No.53) Partially
amended on June 29, 2007 (Law No.404) Partially amended on December 29, 2006 (Law No.384) Partially amended
on November 29, 2006 (Law No.376) Partially amended on April 28, 2006 (Law No.337) Partially amended on July
1, 2005 (Law No.284) Partially amended on February 11 2005 (Law No.258) Partially amended on May 1,
2004 (Law No.232) Partially amended on May 12, 2003 (Law No.199) Partially amended on December
27, 2002 (Law No.190) Partially amended on February 28, 2002 (Law No.159)
Partially amended on December 24, 2001 (Law No.146)
National Legal Information Center, The Ministry of Government Legislation
November 15, 2010
ENFORCEMENT RULES OF THE TRADEMARK ACT
[Enacted on July 29]
[2010 by the Decree of the Ministry of Knowledge-based Economy.
Amended on July 29, 2010 in part.
The purpose of these Rules is to provide for matters the subject matters and/or items delegated by the Trademark Act and its Enforcement Decree and such other matters for the implementation of the delegated matters. (Amended Feb. 28, 2002, Feb. 11, 2005>
Documents to be presented in an electronic document to the Commissioner of the KIPO (Korean Intellectual Property
Office) or the President of the IPT (Intellectual Property Tribunal) pursuant to Article 28-3(4) of the Patent Act, mutatis
mutandis applied by Article 5 of the Trademark Act (hereinafter, the "Act".) shall exclude but not limited
to the following documents: <Entirely Amended Feb. 11, 2005>
1.Submit report of electronic recording medium;
2. Submit report of attachment of the electronic document;
3. Submit report of documents (specimen, objects, and evidentiary objects);
4. Application for correction of trademark registration
5. Application for correction of the contents for electronization
6. repealed <Dec. 27, 2002>
7. repealed <May 12, 2003> [Entirely amended Feb. 28, 2002]
Unless otherwise provided by laws and/or regulations, the Commissioner of KIPO, President of the IPT, the presiding administrative patent judge, an administrative patent judge, the chief examiner, or an examiner may notice or deliver every document by means of information communication network to a person having reported its intention to the use of electronic documents under Article 28-4(1) of the Patent Act mutatis mutandis applied by Article 5 of the Act who desires to receive notice or delivery by means of electronic documents. <Amended Feb.
11, 2005>
[Entirely amended Mar. 12, 2003]
(1) Documents to be submitted for KIPO or IPT shall be prepared in Korean except for those specified in Paragraph (2) hereof. (2) Documents that are submitted in English such as but not limited to the following; power of attorney, certificate of nationality or documents concerning priority rights shall be accompanied by their Korean-translated version.
[This Article is newly inserted Feb. 11, 2005.]
(1) Any person who will submit electronic documents while performing procedures in relation with trademark may submit
the attached documents prepared in electronic image.
(2) The Commissioner of KIPO, President of the IPT, or the presiding administrative patent
judge, when it finds it necessary to confirm the contents due to illegibility of the electronic image presented under
Paragraph (1) hereof, may the order applicant for trademark registration, applicant for trial, opponent to a trademark
registration or persons perfoming the procedures in relation with trademark (hereinafterhereinafter referred to, as, "Various
Applicants") or their agents to submit any relevant documents in writing within the prescribed period.
[This Article is newly inserted Jul. 29, 2010]
(1) Except as those specifically provided otherwise by laws or regulations, the Commissioner of KIPO or President of the IPT shall not consider as lawful those documents, specimens and other objects (hereinafter in this Article, "Application Documents, etc."), submitted in connection with application for trademark registration, opposition to trademark registration, application for renewal of trademark registration term, application to register the reclassification of goods, application for supplementary registration of designated goods, or a trial under Article 9, 25, 43, 46-2, 47, or 79 of the Act, or Article 140 of the Patent Act mutatis mutandis applied by Article 77 of the Act which fall under any of the following: <Amended Oct. 30, 1992; Dec. 31, 1993; Feb. 23, 1998; Dec. 31, 1998; Jun. 30, 2001; Feb. 28, 2002; May 12, 2003; Feb. 11, 2005; Jul. 1, 2005; Dec.
29, 2006; Dec. 31, 2008; and Jul. 29, 2010.>
1. Application or the category of the document is obscure;
2. Incomplete name of the persons (or company name in case of a corporate entity) who perform the procedures such as but
not limited to application for renewal of trademark registration term or trademark registration, or lack of applicant's
code ([if no applicant's code, name or address (in case of a corporate entity, the company name or location of its
business place.)]);
3. If not prepared in Korean;
4. repealed. <Jun 30, 2001>
5. If in the application for registration for reclassification of goods, there are no goods indicated for conversion
and registration .
6. A person who has neither a residential nor business address in the Republic of Korea and submitted the Application
Documents, etc. without being represented by the trademark administrator under the provision of Article 5(1)
of the Patent Act mutatis mutandis applied by Article 5 of the Act;
7. The documents have not been submitted within the term set forth by this Act or any decree thereof;
8. The document is an application for renewal of term which is not allowed to renew under this
Act or any decree thereof;
9. The document is an application for renewal of term which is submitted after expiration of the period for filing
notice of opposition for the Amendment of Reasons for an Opposition to a Trademark Registration under Article
26 of the Act, the term for application for a trial under Article 70-2 or 70-3 of the Act, or the term designated
by Commissioner of KIPO, President of the IPT, the presiding administrative patent judge, or an examiner;
10. Documents submitted in connection with a procedure required for trademark after such procedure was terminated;
11. Too obscure to accept are application for registration on comprehensive delegation, application
for registration amendment on comprehensive delegation, application for registration withdrawal on comprehensive delegation
(Applied mutatis mutandis are Form 3 - Application for Registration on Comprehensive Delegation, Application
for Registration Amendment on Comprehensive Delegation, or Application for Registration Withdrawal on Comprehensive
Delegation, all as attachment to the Enforcement Rules of the Patent Act.), report on limited invocation of comprehensive
delegation (Applied mutatis mutandis is Form 2 - Report concerning Agent, as attachment to the Enforcement
Rules of the Patent Act.), Form 4 - Application for Granting Applicant's Code as attachment, or documents
in case where applicant's code needs to be granted by the power of the authority;
12. Application for trademark registration or other documents submitted in the electronic recording medium
such as information network, floppy disk or optical disk has not been prepared by means of KIPO website or any
software provided by KIPO, or any document submitted in the form of electronic document and read as incapable
of being processed under the computer information processing system;
13. Repealed. <Dec. 31, 2008>
14. Repealed. <Jul. 29, 2010>
15. Application for renewal of registration under the Trademark Act, the right of which has expired under Article
64, Section 2 paragraph 1 of the Act.
15-2. Documents required to be submitted in accordance with provision of Article 3, Section 2 (2) of the Enforcement
Rules of the Patent Act, which is mutatis mutandis applied by Article
36, have not been submitted within prescribed period.
15-3. Documents are not prepared for each case in violation of the provision of Article 2 of the
Enforcement Rules of the Patent Act, which is mutatis mutandis applied by Article 36;
16. Documents required to be submitted under the provision of Article 8 of the Enforcement Rules of the Patent
Act, which is mutatis mutandis applied by Article 36, have not been submitted within the prescribed period without duly
stating its explanation; or
17. A person who is not entitled to practice procedures for the relevant trademark and submitted documents in relation
to such procedures.
(2) The Commissioner of KIPO, or President of the IPT, in order to reject Application
Documents, etc. that appears to be unlawful under Paragraph (1), shall sent a notice to Various Applicants indicating
the purpose and reason of the return of the Application Documents, etc. with an explanation stated therein; provided
that, in case of Paragraph (1)16, they shall instantly return the Application Documents, etc., indicating the reason
for the return. <Amended Jun.30,
2001; May 12, 2003; Jul. 29, 2010>
(3) If Various Applicants recieves the notice under Paragraph (2) desires to state their explanation, they
shall submit Form 1 - Explanation Letter, as attachment within the explanation period, and, if desiring to have
the Application Documents, etc. returned before the expiry of the explanation period, they shall submit to Commissioner
of KIPO or President of the IPT the request for the return of documents (Applied mutatis mutandis is
Form 8 - Request for Documents Return, as attachment to the Enforcement Rules of the Patent Act.). <Newly inserted Jun. 30, 2001; Feb. 11, 2005; and Dec. 29, 2006>
(4) Commissioner of KIPO or President of the IPT shall, upon receiving the request for the return of documents under
the latter part of Paragraph (3), return the Application Documents, etc. without delay. <Newly inserted Jun. 30, 2001>
(5) In case where the Applicants fail to submit the request letter for return or explanatory letter within the period
for the explanation, or the explanation provided is deemed groundless, the Commissioner of KIPO or President of
the IPT shall return the Application Documents, etc. without delay. <Newly inserted Jun. 30, 2001>
(1) The person who files report of an application for trademark registration for goods upon the agreement between relevant applicants under Article 8(4) of the Act shall submit to the Commissioner of KIPO a report on change of proprietary status (Applied mutatis mutandis is Form 20 - Report on Change of Proprietary Status, as attachment to the Enforcement Rules of the Patent Act. The same hereinafter provided.) on which each of all the competing applicants shall enter his/her name and provide signature or seal impression, attaching thereto all of the following documents: <Amended Dec. 31, 1998; Feb. 11, 2005; Dec. 29, 2006; and Dec. 31,
2008>
1. one (1) copy of document verifying the existence of agreement; and
2. one (1) copy of document verifying the right of agency, in case in the event that an agent performs the procedures.
(2) When submitting the report under the provision of Paragraph 1, such procedures as agreed
upon with respect to the completed application shall be taken simultaneously.
(3) When in the conduct of the lottery under the latter part of Article 8(2) of the Act, the Commissioner of KIPO
shall ensure that three (3) or more of examiners are present therein and the result thereof are notified in writing
to each competitor.
(4) The provisions of Paragraph (1) through (3) shall be applied mutatis mutandis to the case where two (2) or
more reports of change of applicant with respect to the identical application for trademark registration are in competition
on the same day under Article 12(1) of the Act.
<Amended Jun. 30, 2001>
(1) Any person who intends to file an application for trademark registration under Article 9(1) of the Act shall submit to the Commissioner of KIPO the appended Form 2- Application for Trademark Registration, attaching thereto all of the following documents: <Amended Jun. 29,
2007>
1. one (1) copy of trademark specimen;
2. one (1) copy of commentary on trademark (limited to trademark registration consisting of color(s) or combination
thereof, hologram trademark, motion trademark and otherwise visually recognizable trademark.);
3. each copy of the Articles of Incorporation and summary thereof containing matters and/or subjects regarding use
of collective mark (limited to application for registration of collective mark and collective mark with geographical
indication.);
4. one (1) written instrument verifying operation of business (limited to application for business emblem); and
5. one (1) copy of document verifying the right of agency, in the event that an agent practices the procedures.
(2) The summary under Paragraph (1)3 shall comply with appended Form 3. <Newly inserted
Jul.1, 2005; and Dec. 29, 2006>
(3) In addition to the documents set forth in Paragraph (1), the applicant may submit to the
Commissioner of KIPO any documents or objects set forth below: <Amended Jun. 29, 2007>
1. commentary on colored trade mark (excluding trademark consisting of color(s) or combination thereof) or three-dimensional
trademark;
2. commentary on the designated goods;
3. commentary containing Korean translation or transliteration of the trademark to register; or
4. videotapes, or electronic recording medium such as CD-ROM, and optical disc containing
video clip displaying the characteristic of the specimen. (limited to hologram trademark, motion trademark and
other visually recognizable trademark).
(4) In case where the trademark sought to be registered falls under Article 6(2) of the Act, the applicant may,
in addition to the documents set forth in Paragraph (1), submit to the Commissioner of KIPO the following
matters and/or subjects together with each one (1) copy of documents verifying the matters/and or subjects and evidence.
<Amended Jun. 30, 2001>
1. the trademark used;
2. duration of use;
3. geographical area in which it is used;
4. production, processing, proof or sales volume of designated goods with the mark;
5. method and frequency of its use; and
6. any verification of use of the mark other than those set forth in Item 1 through 5 herein.
(5) In case where the trademark sought to be registered falls under Article 8(5) of the Act, the applicant may,
in addition to the documents set forth in Paragraph (1), submit to the Commissioner of KIPO the following
matters together with each one (1) copy of documents verifying the matters and/or subjects and evidence. <Newly inserted, Jun. 30, 2001>
1. trademark registration number of the registered trademark was either extinguished or renounced or finally adjudged as cancelled
due to expiry of the term of trademark right;
2. trademark and designated goods of the registered trademark was either extinguished or
renounced or finally adjudged as cancelled due to expiry of the term of trademark right;
3. date on which the trademark right was either extinguished or renounced or finally adjudged as cancelled; and
4. evidence of the fact that the applicant has instituted a trial for the cancellation on any grounds provided by
Article 73(1)3 of the Act.
(6) A person who requests registration of his collective mark with geographical indication shall,
in addition to the documents set forth in Paragraph (1), attach the documents indicating the matters and/or subjects
set forth below together with documents verifying such matters: <Newly inserted Jul. 1, 2005>
1. specific quality, reputation and other characteristics of the goods;
2. inherent relationship of geographical environment to specific quality, reputation and other characteristics
of the goods;
3. area subject to geographical indication and appropriateness thereof;
4. the fact that the company which has applied for registration of collective mark with geographical indication
consists only of those business or operation is to produce, manufacture or process the goods that will use geographical
indication;
5. the fact that it went through consultation with relevant local government units in order to file application for
collective mark registration with geographical indication (except for application of a collective mark registration
with geographical indication with respect to geographical
indication of a foreign country); and
6. the fact that it is being protected under geographical indication in the country of origin (limited to the
case for the application of collective mark registration with geographical indication with respect to geographical
indication of a foreign country).
(7) In connection with application for collective mark registration with geographical indication, the applicant may,
in addition to the documents set forth in Paragraph (1) and (6), submit to the Commissioner of KIPO the following matters
or objects together with one (1) copy of documents indicating the following and documents verifying the matters and/or subjects.
<Newly inserted Jul.
1, 2005>
1. the status of production, manufacturing, processing and distribution of goods subject to geographical indication
(based on classification of the whole region, applicants, status of each member, and major production area of goods
of the same type); and
2. the fact that in the relevant region the appellant has eligibility or capability to represent those who are
engaged in manufacturing, processing and distribution of goods subject to geographical indication.
(1) The specimen of the trademark under Article 4(1)1 shall be made of sturdy paper material, each vertical and
horizontal side is less than eight (8) centimeters, presenting the trademark with material which do not allow be
discolored or faded. <Amended Dec. 30, 1995; Jun. 30, 2001; and Jun. 29, 2007>
(2) The specimen representing the trademark under Paragraph (1) shall be either electronic copy of the original or
impression or print-out using rubber, copper or zinc board, featuring a clear presentation. <Amended Jul. 1, 2005>
(1) With respect to trademark specimens under Article 4(1)1, the specimens of colored trademark shall be prepared
in a drawing or colored photograph with the same color of the trademark, and as well as the specimens of
3-dimensional shape trademark, hologram trademark, motion trademark and other visually recognizable trademark shall
be prepared in less than five (5) pieces of plans or photographs adequately representing the characteristics of the relevant
trademark.
(2) With respect to trademark specimens under Paragraph (1), specimens of 3-dimensional shape trademark, hologram trademark,
motion trademark and other visually recognizable trademark may be composed by single or plural sides of the relevant
trademark, and specimens of motion trademark may be composed of plans or photographs containing a still image captured
at a certain moment or a number of still images.
(3) Upon finding that the trademark represented by trademark specimens under Paragraph (1) and
(2) is unclear, the Commissioner of KIPO may demand submission of commentary on the
relevant trademark, granting a reasonable period and, in case of hologram trademark, motion trademark and other
visually recognizable trademark, may demand video tape or electronic recording medium under Article 4(3)4. <Entirely amended Jun. 29, 2007.>
(1) The Commissioner of KIPO, in order to require the applicants to supplement the procedure in connection with application
for trademark registration under Article 9-2(2), shall notify the applicant for trademark registration of the
written request of the procedural supplement indicating the following:
1. trademark registration application number;
2. classification of goods;
3. name and address of applicant for trademark registration (or corporate name and location of business place, in case
of a corporate entity.);
4. if the applicant for trademark registration is represented by an agent, name and address of the
agent (or corporate name, location of business place, and name of the assigned patent agent, in case the agent is
a corporate entity.); and
5. other matters that are relevant to support or supplement the requirements.
(2) In the event that the person who received a request to supplement the requirements in connection with his/her
application for trademark registration under Article 9-2(2) expects to have his/herapplication for trademark registration
be returned before the expiry of the period to submit the supplement, he/she shall submit to the Commissioner of
KIPO a written request for the return of documents. <Amended Feb. 11, 2005; and Dec. 29, 2006>
(3) Any person who intends to supplement his application for trademark registration under Article
9-2(3) shall submit to the Commissioner of KIPO the appended Form 4 - Supplementation, attaching thereto the following
documents: <Amended Jul. 1, 2005; and Dec. 29, 2006>
1. one (1) copy of trademark specimen (except in case of supplementing trademark specimen);
2. application form prepared in Korean (except when it has not been prepared in Korean.); and
3. one (1) copy of document verifying the right of agency, in the event that the agent performs the procedure.
(4) The provisions of Paragraph (1) up until paragraph (3) shall be applied mutatis mutandis to the application for
supplementary registration of designated goods.
[This Article is newly inserted, Jun. 30, 2001]
(1) The classification of goods with respect to the former part of Article 10(1) of the Act shall be in accordance with Table 1. Specific goods belonging to each class under Table 1 shall be determined and publicly announced by the Commissioner of KIPO. <Amended Nov. 29, 2006;
and Jun. 29, 2007>
(2) The classification of services where a mark is used shall be in accordance with Table 2. Specific services
belonging to each class under Table 2 shall be determined and publicly announced by the Commissioner of
KIPO. <Amended Nov. 29, 2006>
(3) Any person who intends to indicate that both goods and services be joined in one (1) application under the
latter part of Article 10(1) of the Act shall include all relevant goods and services in the appended Form 2-
Application for Trademark Registration and submit it to the Commissioner of KIPO. <Newly inserted Jun. 29, 2007>
The report on change of applicant under Article 12(1) of the Act may be completed solely by assignor or by assignee
if any of the following documents that are defined by Article 11(1)(b) of the Trademark Law Treaty is attached to such report.
<Amended Feb. 11, 2005>
1. Certificate of transfer or transfer deed prepared in the international standard form (only those translated into Korean)
as provided for by the Regulations under the Trademark Law Treaty; or
2. A photocopy or excerpt or the contract verifying the change of applicant (only those notarized or certified
by a public authority)
[This Article newly inserted Jun. 30, 2001.]
(1) An assignee of partial application for trademark registration under Article 12(2) of the Act shall submit the Form 2 - Application for Trademark Registration to the Commissioner of KIPO, attaching thereto documents set forth in Article 4(1) as well as documents set forth below:
<Amended Jun. 30, 2001; Jul. 1, 2005; Dec. 29, 2006; and Jun. 29, 2007>
1. one (1) copy of the Report of Change of Applicant due to partial transfer; and
2. one (1) copy of a document verifying the cause for partial transfer;
3. repealed<Jun. 30, 2001>
(2) An assignee of partial application for trademark registration under Article 12(2) of the Act shall correct the
original application for trademark registration.
[Entirely amended Dec. 31, 1998]
(1) Any person who intends to obtain the transfer of application for business emblem registration under proviso statement of Article 12(7) shall submit the report of change of proprietary relationship to the Commissioner of KIPO, attaching thereto documents set forth below:
<Amended Dec. 31, 1998; Feb. 11, 2005; Dec. 29, 2006>
1. one (1) copy of the documents verifying that the relevant application for business emblem registration is transferred
together with the business; and
2. repealed. <Jun. 30, 2001>
3. one (1) copy of the document verifying the right of agency, in in the event that the agent performs the procedure.
(2) Any person who intends to obtain the assignment of application for business emblem
registration under proviso statement of Article 12(8) shall submit the report of the change of proprietary relationship
to the Commissioner of KIPO, attaching thereto documents set forth below: <Amended Dec. 31, 1998; Feb. 11, 2005; Dec. 29, 2006>
1. one (1) copy of the documents verifying that the relevant application for trademark registration is
transferred together with the business related to the emblem under the main part of Article 7(1)3 of the Act; and
2. repealed <Jun. 30, 2001>
3. one (1) copy of a document verifying the right of agency, in case of taking procedures through an agent.
Any person who intends to file a request asking permission for the transfer of collective mark registration application or a request asking permission for the transfer of collective mark rights shall submit as attachment Form 5- Request for Permission for Transfer to the Commissioner of KIPO, attaching thereto documents set forth below:
<Amended Dec. 31, 1998; Feb. 28, 2002; Feb. 11, 2005; Jul. 1, 2005; and Dec. 29, 2006>
1. Repealed. <Feb. 28, 2002>
2. one (1) copy of a document verifying merger of corporations;
3. one (1) copy of the Articles of Incorporation of the existing company after the merger;
3-2. one (1) copy of document indicating or certifying that the existing company after merger is eligible for collective
mark registration under Article 3-2 of the Act and that contents of its Articles of Incorporation concerning the
use of collective mark in order to maintain substantial identity before and after the merger; and
4. one (1) copy of a document verifying the right of agency, in in the event that the agent performs the procedure.
(1) Any person who intends to make amendment (Except for amendment of international application under Article
2 (2) of "Protocol relating to the Madrid Agreement Concerning the International Registration of Marks"
(hereinafter referred to as, the "Protocol".) (hereinafter
referred to as, the "International Application".)) under Article 13 through 15 of the Act, or who intends
to submit the Amended Articles of Incorporation under Article 17-2 of the Act, shall submit to the Commissioner
of KIPO or President of the IPT the appended Form 4 - Supplementation, attaching thereto the following
documents; provided that no person who intends to correct the fee subject to Article 13 (3) shall be required
to submit the said Form 4 - Supplementation. <Amended Dec. 29, 2006>
1. one (1) copy of a document verifying the contents to be supplemented (only when said
Supplementation is submitted.);
2. each one (1) copya of amended Articles of Incorporation and the summary thereof (only when submission report on
Amended Articles of Incorporation is submitted.); and
3. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
(2) The summary of Articles of Incorporation under Paragraph (1)2 shall be submitted in the
appended Form 3. <Amended Dec. 29, 2006> [Entirely amended Jul 1, 2005]
(1) The decision whether or not to reject or refuse the amendment under Article 17(1) or (4) of the Act shall be made in a written instrument indicating matters and or objects set forth below:
<Amended Jun. 30, 2001; and Dec. 27, 2002>
1. trademark registration application number [or international registration number, in case of international
application for trademark registration under Article 86-14(3) of the Act (hereinafter referred to as, "international
application for trademark registration".);
2. classification of goods;
3. name and address of the applicant for trademark registration (or company name and location of business place, in
case of a corporate entity.);
4. name and address of agent if applicant for trademark registration is represented by an agent;
5. Decision summary and reason for the reject; and
6. Year, month and date of the decision for the reject.
(2) The decision whether or not to reject or refuse the amendment under Article 17(1) or (4) of the Act shall
be applicable mutatis mutandis by Article 49(2) of the Act shall be made in a written instrument indicating matters
and/or subjects set forth below: <Newly inserted Jun. 30,
2001>
1. application number of registration of the reclassification of goods;
2. classification of goods;
3. name and address of the applicant for registration of the reclassification of goods (or company name and location of business
place, in case of a corporate entity.);
4. name and address or location of business place of agent if applicant for registration of the reclassification
of goods is represented by an agent (and, if the agent is a patent legal entity, the name and address of the business
and the name of the designated patent agent);
[This Article is newly inserted Feb. 23, 1998]
(1) A person who intends to file a divided application under Article 18(1) of the Act shall submit to the Commissioner of KIPO the appended Form 2 -Application for Trademark Registration, attaching thereto the documents set forth in Article 4(1) (except for subparagraph 1).
<Amended Dec. 31, 1998; Jun 30, 2001; Jul. 1, 2005; and Dec. 29, 2006; and Jun. 29, 2007>
(2) A person who intends to file a divided application under Article 18(1) of the Act shall supplement the original
application for trademark registration concurrently with the divided application under the provision of Paragraph
(1).
(3) Paragraph (2) through (7) of Article 4 shall be applied mutatis mutandis to divided application. <Newly inserted Jul. 1, 2005>
(1) Any person who intends to convert his application between application for trademark registration, application
for service mark registration, or application for collective mark registration (excluding an application to register a collective
mark for a geographic indication), or a person who intends to convert his application for additional registration
of designated goods into an application for trademark registration shall submit to the Commissioner of KIPO the
appended Form 2 -Application for Trademark Registration, attaching thereto the documents set forth in Article 4(1) (except
for subparagraph 1). <Amended Jun. 29, 2007; and Jul. 29, 2010>
(2) Article (2) up until Article (7) shall be applied mutatis mutandis to divided application.
<Newly inserted Jul. 1, 2005> [Entirely amended Dec. 31, 1998]
Documents under Article 20(4) shall be submitted in Document Submission Report (Applied mutatis mutandis is Form 13
- Document Submission Report appended to Enforcement Rules of the Patent Act.) In this case, the following
documents shall be attached thereto: <Amended Dec. 29, 2006>
1. one (1) copy of translated version of the document verifying the priority right; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent practices the procedure.
[This Article is newly inserted Feb. 11, 2005]
(1) A person who intends to provide information under Article 22(3) of the Act shall submit Information Submission Report (Applied mutatis mutandis is Form 23 - Information Submission Report appended to the Enforcement Rules of the Patent Act) to the Commissioner of KIPO.
<Amended Dec. 29, 2006>
(2) In cases of agency, any documents verifying the right of agency shall be attached to the form under Paragraph (1).
[This Article is newly inserted on Feb. 23, 1998]
(1) The criteria for the cancellation of designation of a specialized searching agency and suspension of
business thereof under Article 22-3(3) of the Act shall be in accordance with Table 3.
(2) The Commissioner of KIPO shall, when cancelling the designation of specialized searching agency as the case may
be, publicly notify the said cancellation.
[This Article is newly inserted on Jun. 23, 1998]
A person who intends to submit a letter of opinion under Article 23(2), 46(2) or 48(2) (including cases subject to mutatis mutandis application under Article 81(1) of the Act) shall submit appended Form 1 - Opinion Letter to the Commissioner of KIPO, President of the IPT, or the presiding administrative patent judge, attaching thereto the documents set forth below:
<Amended Jun. 30, 2001; Dec. 29, 2006; and Jul. 29, 2010>
1. one (1) copy of a document verifying the contents of the opinion; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent practices the procedure
[Entirely amended Dec. 31, 1998]
The date on which the Trademark Gazette for the publication of trademark registration stating the purpose of publication of the relevant application for trademark registration is issued shall deemed to be the date of publication of application for trademark registration.
[This Article newly inserted Feb. 23, 1998.]
(1) A person who shall cause an opposition to trademark registration under the provision of Article 25(2) of the Act shall submit appended Form 6 - Opposition Letter to the Commissioner of KIPO, attaching thereto the documents set forth below:
<Amended Feb. 28, 2002; May 12, 2003; and Dec. 29, 2006>
1. Repealed <Feb. 28, 2002>
2. one (1) copy of a document verifying matters of opposition to trademark registration; and
3. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
(2) A person who intends to supplement an opposition to trademark registration under the provision of Article
26 of the Act shall submit appended Form 4 - Supplementation Letter to the Commissioner of KIPO, attaching thereto
the documents set forth below: <Newly inserted Feb.
28, 2002; and Dec. 29, 2006>
1. one (1) copy of a document verifying the contents of the supplementary; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
(3) A person who intends to submit an answer to opposition to trademark registration under the
provision of Article 27(1) of the Act shall submit appended Form 1 - Answer Letter to the
Commissioner of KIPO, attaching thereto the documents set forth below: <Amended Feb. 28,
2002; and Dec. 29, 2006>
1. repealed <Feb. 28, 2002>
2. one (1) copy of a document verifying matters of answer; and
3. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
(4) A person who intends to submit an opinion to opposition to trademark registration under
Paragraph (3) or a person who intends to re-answer to such opinion shall submit appended Form
1 - Answer Letter to the Commissioner of KIPO, attaching thereto the documents set forth below: <Newly inserted Feb. 28, 2002; and Dec. 29, 2006>
1. one (1) copy of a document verifying the contents of the opinion (contents of reply); and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
[Entirely amended Dec. 31, 1998]
Decision on opposition to trademark registration under Article 27(2) of the Act shall be made in
a written instrument containing matters and/or subjects set forth below: <Amended Jun. 30,
2001>
1. application number for trademark registration and publication number of application for trademark registration
(or international registration number and publication number of international application for trademark
registration, in case of international application for trademark registration)
2. classification of goods;
3. name and address of the applicant for trademark registration and applicant for opposition to trademark registration
(or company name and location of business place, in case of a corporate entity.);
4. name and address or location of business place of agent if applicant for trademark registration or applicant for
opposition to trademark registration is represented by an agent (and, if the agent is a patent legal entity, the
name and address of the business and the name of the designated patent agent);
5. summary of the decision and the reasons for such decision; and
6. year, month and date of the decision on the opposition. [This Article newly inserted Feb. 23, 1998]
(1) An examiner, when making a decision or sending a notice regarding any of matters set forth below, shall report
the same to the Commissioner of KIPO and prepare a written decision or notice, on which to print his/her name with
seal impressed:
(Amended Jun. 30, 2001; and Jul. 29, 2010)
1. decision to reject supplementation under Article 17(1) or (4) of the Act;
2. notice of reason for the rejection under Article 23(2), Article 46-4(2) or Article 48(2) (including
the cases applicable mutatis mutandis by Article 81(1) of the Act);
3. decision for publication of application under Article 24(1) of the Act; or
4. decision on the objection to application for trademark registration under Article 27(2) of the Act.
(2) An examiner, when making a decision on whether to register trademark in response to application for trademark
registration, shall report it to the Commissioner of KIPO and prepare a written decision in rejecting trademark
registration or a written decision granting trademark registration, on which to indicate matters set forth
below and print his/her name with seal impressed: <Amended Jun. 30, 2001>
1. application number for trademark registration and publication number of application for trademark registration
(or international registration number and publication number of international application for trademark
registration, in case of international application for trademark registration. Publication number of application
for trademark registration and
publication number of international application for trademark registration shall be applicable only when publication of such
application has been made.)
2. classification of goods;
3. name and address of the applicant for trademark registration and applicant for opposition to trademark registration
(or company name and location of business place, in case of a corporate entity.);
4. name and address or location of business place of agent if applicant for trademark registration or applicant for
opposition to trademark registration is represented by an agent (and, if the agent is a patent legal entity, the
name and address of the business and the name of the designated patent agent);
5. year, month and date of publication of application, if any, or year, month and date of notice of reason of its rejection;
6. summary of the decision and the reasons for such decision; and
7. year, month and date of the decision.
(3) An examiner, when making a decision on whether to grant registration in response to the application for conversion
of classification of goods, shall report it to the Commissioner of KIPO and prepare a written decision of rejection
or a written decision granting registration, on which to indicate matters set forth below and print his/her name
with seal impressed: <Newly inserted Jun. 30, 2001>
1. application number for conversion of classification of goods;
2. classification of goods;
3. name and address of the applicant for conversion of classification of goods (or company name and location of business
place, in case of a corporate entity.);
4. name and address or location of business place of agent if applicant for conversion of classification of
goods is represented by an agent (and, if the agent is a patent legal entity, the name and address of the business
and the name of the designated patent agent);
5. year, month and date of notice of reason for rejection (only when a written decision of rejection is prepared);
6. summary of the decision and the reasons for such decision; and
7. year, month and date of the decision.
(4) Paragraph (4) shall apply mutatis mutandis to the supplementary registration of designated goods. <Amended Jul. 29, 2010>
[This Article newly inserted Feb. 23, 1998]
Any person who intends to abandon some of designated goods under Article 34-2(1) of the Act shall indicate the claim
on payment notice (Applied mutatis mutandis is Form 16 - Payment
Notice appended to the Enforcement Rules of Patent Registration Order) and submit Abandonment Notice
(Applied mutatis mutandis is Form 12 - Abandonment Notice appended to the Enforcement Rules of Patent Registration
Order) to the Commissioner of the KIPO when submitting notice of payment of registration fees. <Amended Feb. 28, 2002; Feb. 11, 2005; and Dec. 29, 2006)>
[This Article newly inserted Jun. 30, 2001]
Any person who intends to make supplementary or make-up payment of fees under Article 36-3 of the Act shall indicate
the purport on Form 16 - Payment Notice appended to the Enforcement Rules of Patent Registration Order and submit
it to the Commissioner of the KIPO, attaching thereto the documents set forth below: <Amended May 12, 2003; and Jul. 29, 2010>
1. one (1) copy of a document verifying the fact that the applicant failed to pay the registration fees within
the payment period or fail to meet up the shortage within make-up period due to a cause for which the applicant shall
not be accountable;
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure.
[This Article newly inserted Jun. 30, 2001.]
(1) When an establishment of a trademark has been registered under Article 40(1), the Commissioner of
KIPO shall issue to the owner of the trademark et al, a trademark registration certificate falling under any
of the following, depending upon contents of such established registration: <Amended Apr. 28, 2006; and Dec.
29, 2006>
1. trademark registration certificate, in Form 7 as appended;
2. service mark registration certificate, in Form 8 as appended;
3. trademark / service mark registration certificate, in Form 9 as appended;
4. collective mark registration certificate, in Form 10 as appended;
5. collective mark geographic indication registration certificate, in Form 11 as appended; or
6. business mark registration certificate, in Form 12 as appended.
(2) Upon application from a person who has succeeded trademark et.al, due to the assignment or otherwise under
Article 54 of the Act, the Commissioner of KIPO may issue any of the certificates set forth in Paragraph
(1). <Newly inserted Apr. 28, 2006>
(3) When registering renewal of the term of trademark right under Article 42(2) of the Act, or registering additional
designated goods under Article 47(1) of the Act, or issuing corrected trademark registration certificate
under Article 40(2) of the Act, the Commissioner of KIPO shall enter such matters in appended Form 13 - Parenthesis
for Registration Matter, impress seal
thereon, and therefore issue as such and compiled together with the relevant trademark registration certificate.
<Amended Jun. 30, 2001; Apr. 28, 2006; and Dec. 29, 2006>
(1) Upon application from the owner of the trademark right, owner of the service mark right, owner of the trademark
/ service mark right, owner of the collective mark right or owner of the business mark right (hereinafter referred
to as, the "owner of the trademark et al."), the Commissioner of KIPO may issue a certificate
falling under any of the following (hereinafter referred to as, "portable registration certificate"): <Amended Dec. 29, 2006>
1. portable trademark registration certificate, in Form 14 as appended;
2. portable service mark registration certificate, in Form 15 as appended;
3. portable trademark / service mark registration certificate, in Form 16 as appended;
4. portable collective mark registration certificate, in Form 17 as appended;
5. portable collective mark geographic indication registration certificate, in Form 18 as appended;
or
6. portable business mark registration certificate, in Form 19 as appended.
(2) If a portable registration certificate fails to conform with the original record of trademark registration or
other documents, the Commissioner of KIPO shall, either upon application by the owner of trademark right et al,
or upon its own initiative, reclaim the portable registration certificate and reissue after correction thereof or
issue a new portable registration certificate. In the reissuance of the portable registration certificate as corrected,
matters so corrected shall be described with the seal in the parenthesis for matters for registration before being issued.
[This Article newly issued Apr. 28, 2006]
Upon application from owner of the trademark right et.al., for the reissuance of a lost or damaged registration certificate or portable registration certificate, the Commissioner of KIPO may reissue said certificate.
[This Article newly issued Apr. 28, 2006]
Any person who intends to apply for the renewal of term of the trademark right shall submit to the Commissioner of KIPO Form 16 - Payment Notice appended to the Enforcement Rules of the Patent Registration Order. In this connection, one (1) copy of a document verifying the right of agency shall be attached thereto, in the event that an agent performs the procedure
[Entirely amended Jul. 29, 2010]
(1) Any person who intends to apply for reclassification of goods under Article 46-2(2) of the Act shall submit
to the Commissioner of KIPO appended Form 20 - Application for Reclassification of Goods. <Amended Dec. 29, 2006>
(2) Upon receiving the application for reclassification of goods under Paragraph (1), the Commissioner of
KIPO shall grant the proper number to application for reclassification of goods (hereinafter referred to as, "application
number for reclassification of goods) and shall notify applicant of the Response Letter of Application Number for
Reclassification of Goods, which states the application number and the date on which application for reclassification
of goods is filed to the applicant for reclassification of goods.
(3) Any person who intends to withdraw application for reclassification of goods under Article
46-2(2) of the Act shall submit to the Commissioner of KIPO a letter of withdrawal (Applied mutatis mutandis is
Form 12 - Withdrawal Letter appended to the Enforcement Rules of the Patent Registration Order. <Amended Feb. 11, 2005; Dec. 29, 2006>
(4) In case of performing the procedures for application for reclassification of goods and withdrawal thereof
through an agent, document verifying the right of agency shall be attached to the Forms under Paragraph (1) and (3).
[This Article newly issued Jun. 30, 2001.]
(1) Any person who intends to apply for the supplementary registration of designated goods shall submit to the Commissioner of KIPO appended Form 2 - Application for Trademark Registration, attaching thereto the documents set forth below: <Amended, Dec. 31, 1998; Jun. 30, 2001; Jul.
1, 2005; and Dec. 29, 2006>
1. Repealed. < Dec. 31, 1998>
2. Repealed. < Jul. 1, 2005>
3. one (1) copy of a document verifying that business was actually operated (only in connection with application for
supplementary registration of the designated business);
4. every copy of the amended articles of incorporation and the summary thereof containing
matters related to the use of collective mark (only in connection with application for collective mark registration; application
for collective mark registration for geographical indication, or application for supplementary registration of designated
goods concerning such collective mark
right); and
5. one (1) copy of document verifying the right of agency, in the event that an agent performs the procedure.
(2) Repealed. <Jul. 1, 2005>
(3) Article (2) up until Article (7) shall be applied mutatis mutandis to application for supplementary
registration of designated goods. <Amended Jun. 30, 2001; and Jul. 1, 2005>
(1) Any person who intends to request for a trial opposes and/or challenges against the decision of rejection under Article 70-2 of the Act and any person who intends to request for trial opposing the decision to reject an amendment under Article 70-3 of the Act shall submit to the President of the IPT written request for trial (Applied mutatis mutandis is Form 31 - Request for Trial appended to the Enforcement Rules of the Patent Act. The same hereinafter provided.)
<Amended Feb. 28, 2002; and Dec. 29, 2006>
(2) Any person who intends to request for a trial under Article 70-2, 72, 72-2, and 73 up until
Article 75 of the Act shall submit a written request for a trial to the President of the IPT.
<Amended Jun 30, 2001; and May 12, 2003; Feb. 11, 2005; and Dec. 29, 2006>
[Entirely amended Feb. 23, 1998]
Article | 21 | (Repealed)<Feb. 23, 1998> |
Article | 22 | (Request for an appeal) |
Any person who intends to request for an appeal l under Article 83 of the Act shall submit a written request for retrial to the President of the IPT. <Amended Dec. 29, 2006>
[Entirely amended Feb. 28, 2002]
(1) In the event where any person performs the procedures for international application reports the appointment of agent
or where an agent reports the appointment of subagent, the person shall submit to the Commissioner of KIPO appended
Form 21 - Report on Agent, attaching thereto the documents verifying the contents of the report. <Amended Feb. 11, 2005; Jul. 1, 2005; and Dec. 29, 2006>
(2) In the event where any person who performs the procedures for international application reports the dismissal
of agent or where an agent reports the dismissal of subagent, the person shall submit appended Form 21 - Report
on Agent to the Commissioner of KIPO. <Amended
Dec. 29, 2006>
(3) In the event where an agent or a sub-agent of any person who performs the procedures for international application reports the resignation, the agent or sub-agent shall submit appended Form 21 - Report on Agent to the Commissioner of KIPO. <Amended Dec. 29, 2006>
[Entirely amended Dec. 27, 2002]
(1) In the event where any person who performs the procedures for international application reports the appointment
of representative, the person shall submit to the Commissioner of KIPO appended Form 21 - Report on Representative,
attaching thereto the documents verifying the contents of the report. <Amended Dec. 29, 2006>
(2) In the event where any person who performs the procedures for international application reports the dismissal
of representative, the person shall submit appended Form 21 - Report on Representative to the Commissioner of KIPO. <Amended Dec. 29, 2006>
(3) In the event where a representative of any person who performs the procedures for international application
reports a resignation, the representative shall submit appended Form 21 - Report on Representative to the Commissioner
of KIPO. <Amended Dec. 29, 2006>
[This Article is newly inserted Dec. 27, 2010]
"The requirements as prescribed by the ordinance of the Ministry of Knowledge-based Economy" under Article 86-3(2) of the Act shall refer to the following requirements: <Amended Dec. 31,
2008>
1. Any person who intends to file a joint international application shall fall under any of the subparagraph of Article
86-3(2) of the Act.
2. The persons shall have jointly filed the basic application under Article 86-4(2)4 or jointly owned the trademark
right concerning basic application under the same subparagraph.
[This Article is newly inserted Jun. 30, 200]
The language as prescribed by ordinance of the Ministry of Knowledge-based Economy" under
Article 86-4(1) of the Act shall refer to English language. <Amended Dec. 29, 2006> [This Article is newly inserted Jun. 30, 2001]
(1) The international application under Article 86-4(1) of the Act shall be filed using the appended Form
23 - International Application. <Amended Dec. 29, 2006>
(2) "Documents required for international application" under 86-4(1) of the Act shall refer to
Form 24 - Submission Report Including International Application. <Amended Dec. 29, 2006> [Entirely amended Dec. 27, 2002]
Request for a subsequent designation under Article 86-6(1) of the Act shall be submitted using the appended Form 25 - Request for a Subsequent Designation. <Amended Dec. 29, 2006>
[Entirely amended Jul 1, 2005]
The renewal of the term of international registration under Article 86-7(2) of the Act shall be applied using the appended Form 26 - Application for Renewal of the Term of International Registration. <Amended Dec. 29, 2006>
[Entirely amended Jul 1, 2005]
The change of holder's namer of an international registration under Article 86-8(2) of the Act shall be applied using the appended Form 27 - Application to Change Ownership of International Registration. <Amended Dec. 29, 2006>
[Entirely amended Jul 1, 2005]
The international application under Article 26(1), the request for a subsequent designation under Article 27, application for renewal of the term of international registration under Article 28, and application to change the ownership of international registration under Article 29 shall be submitted to the Commissioner of KIPO as attachment to the appended Form 24 - Submission Report Including International Application. <Amended Dec. 29, 2006>
[This Article is newly inserted Jul. 1, 2005]
(1) In the event that the documents set forth in any of the following items are not been prepared in accordance
with that prescribed in the Act, Enforcement Decree thereof, or these
Rules, the Commissioner of KIPO may, by granting a period, order the applicant or aspirant to submit substitute document;
provided therefore that if the defect of such documents cannot be cured, the Commissioner shall return the documents
to the applicant or aspirantproviding the reason for such return:
1. international application;
2. request for a subsequent designation;
3. application for renewal of the term of international registration; or
4. application to change the ownership of international registration.
(2) Any person who has been ordered to produce substitute document under Paragraph (1) shall within the prescribed
period submit to the Commissioner of KIPO the appended Form 24 - Submission Report Including International Application,
attaching thereto the following documents:
<Amended Dec. 29, 2006>
1. one (1) copy of a substitute document executed in English; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedure
for international application.
[This Article is newly inserted Jun. 30, 2001.]
<Amended Feb. 11, 2005; and Dec. 29, 2006> [This Article is newly inserted May 1, 2004]
Any person who intends to amend the international application under Article 13 of the Act shall submit to the Commissioner
of KIPO or President of the IPT appended Form 24 - Submission Report Including International Application, attaching
thereto the following documents: <Amended Dec. 29, 2006>
1. one (1) copy of a document verifying the contents amended; and
2. one (1) copy of a document verifying the right of agency, in case the event that an agent performs the
procedures.
[This Article is newly inserted Jul. 1, 2005.]
(1) Any applicant for international application may, before the application or request submitted under Article 29-2
and the International Bureau is thereby notified, withdraw the international application, request for a subsequent
designation, application for renewal of the term of international registration, or application to change ownership
of international registration.
(2) Any person who intends to withdraw under Paragraph (1) shall submit to the Commissioner of KIPO appended Form
28 - Withdrawal Report Including International Application.
(Amended Dec. 29, 2006)
(3) In performing the procedures under Paragraph (1), documents verifying the right of agency shall be attached to the
Withdrawal Report under Paragraph (2).
[This Article is newly inserted Jul. 1, 2005.]
"Within the period prescribed by the ordinance of the Ministry of Knowledge-based Economy" under Article 86-16(3) of the Act shall refer to the earlier date of its international registration under main part of Article 86-14(2) of the Act (or the later designated date under the proviso statement of the same paragraph, if the Republic of Korea is designated later.), or within three (3) months from receipt of the order of amendment under Article 13 of the Act. <Amended Jul.
1, 2005; and Dec. 31, 2008>
[This Article is newly inserted Jun. 30, 2001]
Any person who intends to apply for a domestic application by international application as substitute under Article 86-17(4) shall submit to the Commissioner of KIPO appended Form 30 - Domestic Application by Substitute.
[This Article is newly inserted Jun. 29, 2007]
(1) Any person who intends to amend international application for trademark under Article 13 up until Article 15 and
86-19 of the Act shall submit the Articles of Incorporation et.al., under Article 16(3) of the Act or submit Amended
Articles of Incorporation under Article 17-2 of the Act and submit to the Commissioner of KIPO appended Form 29
- Letter of Amendment to International Application for Trademark or Submission Report, attaching thereto the documents
set forth below; provided that any person who intends to amend the fees, asin the case falling under
Subparagraph 3 of Article 13, shall not be required to submit Letter of Amendment. <Amended
Dec. 29, 2006>
1. one (1) copy of a document verifying the amended contents (only when Letter of Amendment to International Application
for Trademark or Submission Report is submitted);
2. each one (1) copy of the Articles of Incorporation and summary thereof indicating matters concerning use of
a collective mark (only when submitting submission report containing Articles of Incorporation in connection
with application for collective mark registration or collective mark registration for geographical indication);
3. A copy of the purpose to register collective mark registration for geographical indication and document verifying
that it conforms to definition of geographical indication (only when submitting submission report containing
articles of incorporation in connection with application for collective mark registration for geographical indication);
4. A copy of the Amended Articles of Incorporation and the summary thereof (only when submission report of Amended
Articles of Incorporation is submitted); and
5. one (1) copy of document verifying the right of agency, in the event that an agent performs the procedures.
(2) The summary of Articles of Incorporation under Paragraph(1)2 shall be submitted in appended Form 3.
<Amended Dec. 29, 2006>
[Entirely amended Jul 1, 2005]
"Within the period prescribed by the ordinance of the Ministry of Knowledge-based Economy" under Article 86-23(1) shall be within three (3) months from the date of its international registration under main part of Article 86-14(2) of the Act (or the later designated date under the proviso statement within the same paragraph, if the Republic of Korea is designated later.).
<Amended Dec. 31, 2008; and Jul. 29, 2010> [This Article is newly inserted Jun. 30, 2001]
(1) "Within the period prescribed by the ordinance of the Ministry of Knowledge-based Economy"
under Article 86-25 of the Act shall be within fourteen (14) months from the date on which the notice of territorial
extension under Article 3-3 of the Protocol (hereinafter referred to as the, the "Territorial Extension")
is made by International Bureau [In cases where the International Bureau, after making notice of Territorial
Extension, sends a notice to correct items and/or subject matters which is recorded with the international registry
under Article 28(2) of the Common Regulations, for such matters, shall be the date on which the notice to correct
is
made.] <Amended May 1, 2004; Jun. 29, 2007; and Dec. 31, 2008>
(2) "Within the period prescribed by ordinance of the Ministry of Knowledge-based Economy" under Article 86-27(1)
of the Act shall be within fourteen (14) months from the date on which the notice of Territorial Extension
is made by International Bureau (In case where the International Bureau, after making notice of Territorial
Extension, sends a notice to correct items or subject matters recorded with the international registry under Article
28(2) of the Common Regulations, for such matters, shall be the date on which the notice to correct is made.)
<Amended Dec. 31, 2008; and Jul. 29, 2010> [This Article is newly inserted Jun. 30.]
(1) Any person who intends to file reapplication for trademark registration which falls under any of the subparagraphs of Article 86-41 of the Act (hereinafter referred to as, the "reapplication".) shall submit to the Commissioner of KIPO appended Form 2 - Application for Trademark Registration, attaching thereto the following documents: <Amended Jul. 1, 2005; and Dec. 29,
2006>
1. one (1) copy of a trademark specimen;
2. each one (1) copy of the Articles of Incorporation and summary thereof indicating matters concerning use of a
collective mark (only when submitting application for collective mark registration or collective mark registration for
geographical indication); and
3. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedures.
(2) (3) Paragraph (2) until (7) of Article 4 shall be applied mutatis mutandis to application for trademark registration
by reapplication. <Amended Jul. 1, 2005>
[This Article is newly inserted Jun. 30, 2001]
Regarding the application, request and other procedures for trademark registration applied mutatis mutandis shall be Article
1-2, 2, 3, 5, 5-2 until 5-4, 6 until Article 9, 9-3 until 9-7, 9-9, 10, 12,
13-3, 14 until 19, 20-2, 24, 26, 27, 34, 36, 37-2, 39, 51, 58, 60 until 69, 73, 120 and 120-2 until 120-6 of
the Enforcement Rules of Trademark Act; With respect to the review in response to opposition to trademark registration
applied mutatis mutandis shall be Article 58, 63, 68 and
69 of the Enforcement Rules of Trademark Act.
In the following cases,: under Article 1-2, Subparagraph 2(ii) of said Rules, "applicant for patent
/ trial requester" shall be regarded as "challenger / trial requester"; under proviso of Article 5(2)
of the same Rule, "application for patent" as "application for trademark registration, application for
supplementary registration of designated goods, and application for registration of
reclassification of goods"; "domestic document submission of international patent application" as "submission
of the first opinion letter, request for supplementation or application to renew designated period";
"request for trial / request for retrial" as "challenging to trademark registration (including challenging
to supplementary registration of designated goods. The same hereinafter.) / request for trial / request for retrial;
"application for patent" as "application for trademark registration, application for supplementary
registration of designated goods, and application for registration of reclassification of goods"; "documents
under Article 203 of the Act" as "the first opinion letter, request for supplementation or application to
renew designated period"; "request for trial" as "challenge to trademark registration / request for
trial"; under Article 9(1)1 of the same Rule, "applicant" as "applicant or applicant for registration
of reclassification of goods"; under Article 9(1)9 of the same Rule, "requester for trial / requested for
trial and trial participant" as "challenger / challengee / requester for trial"; under Article 9-4(3)
of the same Rule, "electronic document" as electronic document (excluding electronic document relating
to international application)"; under Article 11(1)9 of the same Rule, "the period allowed for filing
a request for trial under Article 132-3 of the Act" as "the period allowed for filing a request for trial
against trial concerning decision of reject under Article 70-2 of the Act and decision to reject supplementation
under Article 70-3 of the Act"; under Article 12(3) of the same Rule, "trial concerning patent" as
"application for registration of reclassification of goods / challenging to trademark registration / trial";
"trial number" as "application number for registration of reclassification of goods / number
for challenging to trademark registration / trial number"; under Article 51(1)1 of the same Rule, "Article
50(2) or (4)" as "Article 15(2)"; under Article 51(1)2, "Article 50-2(1) or (4)" as "Article
15-2(1)"; under Article 51(1)3, "Article 50-3" as "Article
15-3"; under Article 73(2) of the same Rule, "trial concerning decision to reject patent under Article 132-3
of the Act" as "trial concerning decision to reject under Article 70-2 of the Act and trial concerning
decision to reject supplementation under Article 70-3 of the Act". <Amended Jul. 29, 2010>
[Entirely amended Jun. 29, 2007]
[This Article is newly inserted June 30, 2001.]
These Rules shall take effect on the date of its promulgation.
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