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Trademark Act — Article 106 (Extinguishment of Trademark Rights)

상표법 제106조

This English translation is based on the Korean text effective 2024-05-01. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) Where a successor fails to obtain transfer registration of the trademark rights within three years after the decease of the trademark right holder, the trademark rights shall be extinguished on the day following the date on which three years elapse after the decease of the trademark right holder.

(2) Where no successor exists when the inheritance of a trademark right begins, the trademark right shall be extinguished. <Newly Inserted on Oct. 31, 2023>

(3) Where a transfer registration of the trademark rights of a corporation whose liquidation procedures are being performed is not obtained by the date of registration of the completion of the liquidation of such corporation (where the process of liquidation is not substantially completed even if registration of the completion of liquidation is obtained, referring to the earlier of the date the process of liquidation is substantially completed and the date six months elapse from the date of registration of the completion of the liquidation; hereafter in this paragraph, the same shall apply), the trademark rights shall be extinguished on the day following the date of registration of the completion of liquidation. <Amended on Oct. 31, 2023>

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