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Trademark Act — Article 117 (Trial to Invalidate Trademark Registration)

상표법 제117조

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 trademark registration or registration of additional designated goods falls under any of the following, an interested party or an examiner may request a trial to invalidate such trademark registration. In such cases, where at least two designated goods bearing the registered trademark exist, he or she may request a trial to invalidate the relevant trademark registration for each of the designated goods:

1. Where trademark registration or registration of additional designated goods violates Articles 3, 27, 33 through 35, the latter part of Article 48 (2), Article 48 (4) and (6) through (8), and subparagraphs 1, 2 and 4 through 7 of Article 54;

2. Where trademark registration or registration of additional designated goods is obtained by a person who fails to succeed to the right arising from an application for such trademark registration;

3. Where registration of additional designated goods violates Article 87 (1) 3;

4. Where trademark registration or registration of additional designated goods violates the treaty;

5. Where a trademark right holder becomes ineligible to enjoy the trademark rights pursuant to Article 27 after the trademark is registered or such registered trademark violates the treaty;

6. Where a registered trademark falls under Article 33 (1) after the trademark is registered (excluding cases falling under paragraph (2) of that Article);

7. Where a geographical indication which constitutes a registered collective mark is no longer protected or used in the country of origin after the collective mark with geographical indication is registered pursuant to Article 82.

(2) A trial to invalidate a trademark under paragraph (1) may be requested even after the trademark rights are extinguished.

(3) Where a trial decision to invalidate trademark registration becomes final and conclusive, such trademark rights shall be deemed never to have existed: Provided, That where the trial decision to invalidate the trademark registration becomes final and conclusive pursuant to paragraph (1) 5 through 7, the trademark rights shall be deemed not to have existed from the time the registered trademark falls under the same subparagraph.

(4) Where the proviso of paragraph (3) is applied, if it is impossible to specify the time a registered trademark falls under paragraph (1) 5 through 7, the relevant trademark rights shall be deemed to have not existed from the time a trial to invalidate trademark registration under paragraph (1) is requested and the content of the trial is officially announced on the original register.

(5) Where a trial to invalidate trademark registration under paragraph (1) is requested, the presiding judge shall notify the exclusive licensee of the relevant trademark rights and other persons who have registered rights to the trademark of the purpose thereof.

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