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ENFORCEMENT DECREE OF THE
TRADEMARK ACT
Wholly Amended by Presidential Decree No. 13081, Aug. 28, 1990 Amended by Presidential Decree No. 13747, Oct. 27, 1992
Presidential Decree No. 13870, Mar. 6, 1993 Presidential Decree No. 15578, Dec. 31, 1997 Presidential Decree No. 17249, Jun. 27, 2001 Presidential Decree No. 18312, Mar. 17, 2004 Presidential Decree No. 18901, Jun. 30, 2005 Presidential Decree No. 20125, Jun. 28, 2007 Presidential Decree No. 20729, Feb. 29, 2008 Presidential Decree No. 21582, Jun. 30, 2009
Presidential Decree No. 22112, Apr. 7, 2010 Presidential Decree No. 23343, Dec. 2, 2011 Presidential Decree No. 23488, Jan. 6, 2012
Article 1 (Purpose) The purpose of this Decree is to provide matters delegated by the Trademark Act and other matters to implement such delegated matters. <Amended by Presidential Decree No. 18901, Jun. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17249, Jun. 27, 2001]
Article 1-2 (Matters to be Included in Articles of Association concerning Use of Collective Marks)
(1) For the purpose of the former part of Article 9 (4) of the Trademark Act (hereinafter referred to as the "Act"), "matters concerning the use of the collective mark as prescribed by Presidential Decree" means the following matters: <Amended by Presidential Decree No. 23343, Dec. 2, 2011> 1. Matters concerning the qualifications and conditions for entry and
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withdrawal for the members who use the collective mark; 2. Matters concerning the conditions for use of the collective mark; 3. Matters concerning the sanctions against those violating the provisions
of subparagraph 2; 4. Other matters necessary for using the collective mark.
(2) In cases of a geographical collective mark, it shall include the following matters in addition to the matters referred to in each subparagraph of paragraph (1): 1. Specific quality, reputation, or other specific characters of the goods; 2. Intrinsic relationship between the geographic surroundings, and specific
quality, reputation, or other specific characters of the goods; 3. Area which is the object of geographical indication; 4. Self-management standards and methods of maintenance of the specific
quality, reputation, or other specific characters of the goods. [This Article Wholly Amended by Presidential Decree No. 18901, Jun. 30, 2005]
Article 1-3 (Documents Evidencing Compatibility with Definition of Geographical Indication)
For the purpose of the latter part of Article 9 (4) of the Act and the latter part of Article 86-16 (3) of the Act, "documents attesting to the fact that it conforms to the definition of geographical indication" means the following documents: <Amended by Presidential Decree No. 23343, Dec. 2, 2011>
1. Papers regarding specific quality, reputation or other specific characters of the goods;
2. Papers regarding intrinsic relationship between the geographic surroundings and the specific quality, reputation or other specific characters of the goods;
3. Papers regarding the area which is the object of geographical indication;
4. Papers evidencing that the legal person being the applicant of geographical collective mark consists solely of persons operating businesses of production, manufacture or processing of the goods that
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can bear the geographical indication; 5. Papers evidencing that the geographical indication is protected in the
country of origin (limited to cases of applying for registration of geographical collective mark regarding foreign geographical indications).
[This Article Newly Inserted by Presidential Decree No. 18901, Jun. 30, 2005]
Article 1-4 (Submission of Opinions by Local Governments concerning Application for Registration of Geographical Collective Marks)
(1) The Commissioner of the Korea Intellectual Property Office may hear opinion of the relevant local government on the following matters regarding the examination of an application for registration of geographical collective mark, and he/she may, when necessary, ask for cooperation, such as submission of data: 1. Matters regarding the production, manufacture, processing and
distribution of the goods applicable to the geographical indication; 2. Matters regarding the present conditions of producers' organization, etc.
of the goods applicable to the geographical indication, and whether the applicant is qualified or able to represent the producers, etc. of the area;
3. Other matters regarding the requirements for registration of geographical collective mark, such as intrinsic relationship between the characteristics of the goods applicable to the geographical indication and the geographic surroundings, and the specific quality of the goods.
(2) The head of a local government may submit his/her opinion on the following matters regarding an application for registration of geographical collective mark to the Commissioner of the Korean Intellectual Property Office, and when necessary for the proper protection of such geographical indication, he/she may consult or coordinate with the applicant: 1. Whether the applicant, regarding production, manufacture, processing,
etc. of the relevant goods, is qualified or able to represent the producers, etc. of the area;
2. Whether the characteristics of the goods applicable to the geographical
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indication, the area applicable to the geographical indication, the self-management standards, etc. are proper.
[This Article Newly Inserted by Presidential Decree No. 18901, Jun. 30, 2005]
Article 1-5 (Matters to be Entered in Documents, etc. Stating Matters concerning Use of Certification Marks)
(1) "Matters concerning the use of certification marks prescribed by Presidential Decree" in Article 9 (5) of the Act means each of the following: 1. Matters concerning the quality, origin, mode of production or other
characteristics (hereinafter referred to as "quality, etc.") of the goods or service business subject to verification;
2. Matters concerning conditions for the use of certification marks; 3. Matters concerning sanctions on persons who violate subparagraph 2; 4. Other matters concerning the use of certification marks.
(2) "Document proving that he/she can verify and manage the quality, origin, mode of production or other characteristics of the goods or service business subject to verification" in Article 9 (5) of the Act shall include the following matters: 1. Matters concerning the standards, procedures, method, etc. of testing or
examining the goods or service business subject to verification; 2. Matters concerning specialized facilities, professionals, etc. required to
verify and manage the quality, etc. of the goods or service business subject to verification;
3. Matters concerning the management, supervision, etc. of users of certification marks;
4. Other matters that prove in an objective manner the quality, etc. of the goods or service business subject to verification can be verified and managed.
[This Article Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011]
Article 1-6 (Hearing Opinions, etc. concerning Applications for Certification Mark Registration)
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In relation to the examination of an application for certification mark registration, the Commissioner of the Korean Intellectual Property Office may hear opinions on the following matters from related administrative agencies or persons with considerable knowledge and experience about goods or service business, and where necessary the commissioner may request them to render cooperation, such as submission of data:
1. Matters concerning the quality, etc. of the goods or service business subject to verification;
2. Matters concerning whether the applicant for certification mark registration has the ability to verify and manage the quality, etc. of the goods or service business;
3. Other matters concerning requirements for certification mark registration. [This Article Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011]
Article 2 (Transfer of Applications for Collective Mark Registration, etc.) (1) Any person who intends to obtain permission for the transfer of an
application for collective mark registration under the proviso to Article 12 (9) of the Act and for the transfer of a collective mark right under the proviso to Article 54 (9) of the Act shall submit an application for transfer permit prescribed by Ordinance of the Ministry of Knowledge Economy to with the Commissioner of the Korean Intellectual Property Office together with the following: <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 17249, Jun. 27, 2001; Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree No. 22112, Apr. 7, 2010;
Presidential Decree No. 23343, Dec. 2, 2011>
1. Documents certifying merger of corporations; 2. Articles of association of the corporation surviving the merger. In such
cases, the relevant articles of association shall include matters referred to in Article 1-2.
(2) Any person who intends to obtain permission for the transfer ofan application for certification mark registration under the proviso to Article 12 (10) of the Act or permission for the transfer of a certification mark
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right under the proviso to Article 54 (10) of the Act shall submit an application for transfer permit prescribed by Ordinance of the Ministry of Knowledge Economy to the Commissioner of the Korean Intellectual Property Office together with the following:<Newly Inserted by Presidential Decree No. 23343, Dec. 2, 2011>
1. A document proving that the application for certification mark registration or the certification mark right is transferred with the business of such certification mark;
2. The articles of association or agreement referred to in Article 9 (5) of the Act to be used by a person to whom the application for certification mark registration or a certification mark right is to be transferred, and a document proving that he/she can verify and manage the quality, etc. of the goods or service business subject to verification (in which case all the matters specified in the subparagraphs of Article 1-5 (1) and (2) shall be entered in the said documents).
Article 2-2 (Designation Standards, etc. for Specialized Investigation Agencies) (1) The Commissioner of the Korean Intellectual Property Office shall
designate a legal entity that fully satisfies the following requirements as a specialized investigation agency referred to in Article 22-2 (1) of the Act (hereinafter referred to as "specialized investigation agency"): <Amended by Presidential Decree No. 20125, Jun. 28, 2007; Presidential Decree No. 22112,
Apr. 7, 2010>
1. To possess a database of documentary records and equipment necessary for trademark inspection;
2. To secure an organization exclusively dedicated to trademark inspection and not less than ten human resources;
3. To have the work process guidelines for securing the independence and fairness of the work of trademark inspection;
4. To be equipped with a security system for preventing the leakage of confidential information relating to trademark inspection.
(2) No specialized investigation agency designated under paragraph (1) shall
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conduct inspection work in an impartial manner. <Amended by Presidential Decree No. 22112, Apr. 7, 2010>
(3) Any person who intends to be designated as a specialized investigation agency shall submit an application for designation of specialized investigation agency accompanied by documents evidencing that requirements under each subparagraph of paragraph (1) are fully satisfied, to the Commissioner of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 22112, Apr. 7, 2010>
(4) Detailed standards for the securing of a database of documentary records, equipment, dedicated organization and human resources, and detailed standards for the handling of trademark inspection work and concrete standards for a security system and matters concerning the operation of a specialized investigation agency under each subparagraph of paragraph (1) shall be determined and announced by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 22112, Apr. 7, 2010>
[This Article Newly Inserted by Presidential Decree No. 15578, Dec. 31, 1997]
Article 2-3 (Procedures, etc. for Request of Trademark Inspection) (1) The Commissioner of the Korean Intellectual Property Office may request
a specialized investigation agency to inspect a trademark for an application for trademark registration which he/she deems necessary for the inspection in accordance with Article 22-2 (1) of the Act.
(2) Where the head of a specialized investigation agency has received a request for trademark inspection referred to in paragraph (1) from the Commissioner of the Korean Intellectual Property Office, he/she shall promptly notify the Commissioner of the Korean Intellectual Property Office of the results of the inspection. <Amended by Presidential Decree No. 17249, Jun. 27, 2001>
(3) Where the results of inspection referred to in paragraph (2) are deemed unsatisfactory, the Commissioner of the Korean Intellectual Property Office may ask the specialized investigation agency for a re-inspection by
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specifying the scope, etc. of inspection. (4) Paragraph (2) shall apply mutatis mutandis to re-inspections under
paragraph (3). [This Article Newly Inserted by Presidential Decree No. 15578, Dec. 31, 1997]
Article 2-4 (Subject Matter of Preferential Examinations) "Applications for trademark registration prescribed by Presidential Decree which are deemed requiring urgent disposal, including cases where an applicant for the trademark registration is using the trademark, the application of trademark registration of which was filed, for all of the designated goods" in Article 22-4 (2) 2 of the Act means any of the following cases:
1. Where an applicant for trademark registration is deemed using the trademark, the application for trademark registration of which is filed, for all of the designated goods;
2. Where an application for trademark registration is deemed made by an application for a trial on cancellation under Article 8 (5) of the Act;
3. Where an application is deemed the application for registration of a collective mark filed by a corporation jointly established by no less than five small and medium business proprietors under Article 18-2 of the Enforcement Decree of the Government Procurement Act;
4. Where it is deemed evident that the ground for applying for the trademark registration is that the trademark under application for trademark registration is being prepared for using for all of the designated goods, in addition to grounds under subparagraphs 2 and 3.
[This Article Newly Inserted by Presidential Decree No. 22112, Apr. 7, 2010]
Article 2-5 (Decision on Preferential Examinations) (1) A person who intends to apply for a preferential examination under
Article 22-4 (2) of the Act shall submit, to the Commissioner of the Korean Intellectual Property Office, an application for preferential examination and accompanying documents determined by Ordinance of the Ministry of Knowledge Economy.
(2) The Commissioner of the Korean Intellectual Property Office shall decide
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whether to conduct a preferential examination, upon receiving an application for preferential examination under paragraph (1).
(3) Necessary matters concerning decision on the preferential examination under paragraph (2) shall be determined and announced by the Commissioner of the Korean Intellectual Property Office.
[This Article Newly Inserted by Presidential Decree No. 22112, Apr. 7, 2010]
Article 3 (Trademark Gazette) The Trademark Gazette as prescribed by Article 89 (1) of the Act shall include the following matters: <Amended by Presidential Decree No. 15578, Dec. 31, 1997; Presidential Decree No. 17249, Jun. 27, 2001; Presidential Decree No. 18901, Jun. 30, 2005; Presidential Decree No. 20125, Jun. 28, 2007; Presidential
Decree No. 22112, Apr. 7, 2010; Presidential Decree No. 23343, Dec. 2, 2011>
1. For the public notice on application under Article 24 (2) of the Act (including cases applicable mutatis mutandis under Articles 49 (3) and 81 (1) of the Act), the matters in the following items:
(a) Name and address of the applicant (in cases of a corporation, its title and the location of its place of business);
(b) Trademark (in cases of a sound trademark, odor trademark or any other visually unrecognizable trademark, "no sample" shall be entered);
(c) Designated goods and classification of categories thereof; (d) Number and date of the application (in cases of an international
application deemed an application for trademark registration under the Act pursuant to Article 86-14 (1) of the Act, the number of international registration, and the date of international registration or the date of subsequent designation pursuant to paragraph (2) of the same Article);
(e) Number and date of the public notice on application; (f) In cases of a trademark under Article 2 (1) 1 of the Act, the
indication that it is such trademark; (g) Registration number of registered trademark to which designated
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goods are to be added, or number of the trademark registration application (limited to an additional registration application for designated goods);
(h) Matters, other than those prescribed in items (a) through (g), which are related to a trademark registration application or additional registration application for designated goods;
(i) Purport indicating that it falls under Article 6 (2) of the Act (limited to application for trademark registration made a decision of publication by falling under the same paragraph);
(j) Summary of the articles of associationor agreement under Article 9 (4) or (5) of the Act (limited to cases of collective marks,geographical collective marks, certification marks, and geographical certification marks);
(k) Purport indicating that it is a geographical collective markor geographical certification mark (limited to cases of ageographical collective mark or geographical certification mark);
(l) Explanation on the trademark involved, if it is a trademark under Article 2 (1) 1 (b) or (c) of the Act;
(m) Matters concerning ex officio correction under Article 24-3 of the Act;
(n) In cases of a sound trademark, odor trademark or any other visually unrecognizable trademark, visual expression under Article 9 (3) of the Act for the relevant trademark;
(o) In cases of a sound trademark, a sound file conforming to the visual expression under Article 9 (3);
2. Matters, other than those referred to in subparagraph 1, which are to be included under the Act and this Decree;
3. Matters concerning the trademark, which the Commissioner of the Korean Intellectual Property Office deems necessary to be included.
Article 3-2 (Management ofPersonally Identifiable Information) The Commissioner of the Korean Intellectual Property Office or the President
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of the Intellectual Property Tribunal may manage data containing resident registration numbers or foreign registration numbers as specified in Article 19 (1) or (4) of the Enforcement Decree of the Personal Information Protection Act where such management is unavoidable in order to conduct any of the following:
1. Business of granting identification numbers under Article 5-26 of the Act;
2. Business of investigating or preserving evidence under Article 77-20 of the Act;
3. Business of submitting documents under Article 92-5 of the Act; 4. Other business of filing, reporting, or submitting applications,
examinations, trials, and registrations pursuant to the Act or this Decree.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
Article 4 (Standards for Imposition of Fines for Negligence) The standards for imposition of fines for negligence under Article 98 (1) of the Act shall be as specified in the attached Table. [This Article Wholly Amended by Presidential Decree No. 23343, Dec. 2, 2011]
Article 5 (Application Mutatis Mutandis) (1) The provisions of Article 18 of the Enforcement Decree of the Patent Act
shall apply mutatis mutandis to the applications, requests and other procedures relating to the trademark registration. In this case, the term "trial" in Article 18 (3) of said Decree shall be read as "objection against trademark registration and trial." <Amended by Presidential Decree No. 20125, Jun. 28, 2007>
(2) The provisions of Article 8 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the examiner, the trial examiner, the presiding trial examiner and the President of the Korean Intellectual Property Tribunal. <Amended by Presidential Decree No. 15578, Dec. 31, 1997; Presidential Decree No. 18901, Jun. 30, 2005>
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ADDENDUM This Decree shall enter into force on September 1, 1990.
ADDENDUM <Presidential Decree No. 13747, Oct. 27, 1992> This Decree shall enter into force on November 1, 1992.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993> Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 15578, Dec. 31, 1997> This Decree shall enter into force on March 1, 1998.
ADDENDUM <Presidential Decree No. 17249, Jun. 27, 2001> This Decree shall enter into force on July 1, 2001: Provided, That the amended provisions of subparagraph 1 (d) of Article 3 shall enter into force on the date of taking effect on the Republic of Korea of the Protocol relating to the Madrid Agreement concerning the International Registration of Marks.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004> This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18901, Jun. 30, 2005> (1) (Enforcement Date) This Decree shall enter into force on July 1, 2005. (2) (Applicability to Matters of Description in Articles of Incorporation) The amended provisions of Article 1-2 (1) shall apply to applications filed on or after the enforcement of this Decree.
ADDENDUM <Presidential Decree No. 20125, Jun. 28, 2007> This Decree shall enter into force on July 1, 2007.
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ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008> Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21582, Jun. 30, 2009> This Decree shall enter into force on July 1, 2009.
ADDENDUM <Presidential Decree No. 22112, Apr. 7, 2010> This Decree shall enter into force on July 28, 2010.
ADDENDA <Presidential Decree No. 23343, Dec. 2, 2011> Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Free Trade Agreement between the Republic of Korea and the United States of America takes effect with regard to the Republic of Korea.
Article 2 (Transitional Measures concerning Fines for Negligence) (1) In applying the standards of imposition of fines for negligence to violations committed before this Decree enters into force, the former provisions shall govern, notwithstanding the amended provisions of the attached Table. (2) The disposition for of imposition of fines for negligence resulting from violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012> Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1 through 3 of Article 3-2 of
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the Enforcement Decree of the Trademark Act pursuant to Article 178 shall enter into force on the date the Free Trade Agreement between the Republic of Korea and the United States of America takes effect with regard to the Republic of Korea.
Article 2 Omitted.