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Trademark Act — Article 118 (Trial to Invalidate Registration to Renew Duration of Trademark Rights)

상표법 제118조

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 registration to renew the duration of trademark rights falls under any of the following, an interested party or an examiner may request a trial to invalidate such renewal registration. In such cases, where at least two designated goods bearing a registered trademark renewed exist, he or she may request a trial to invalidate such renewal registration for each of the designated goods: <Amended on Apr. 23, 2019>

1. Where registration to renew the duration of trademark rights violates Article 84 (2);

2. Where a person who is not the relevant trademark right holder (where a trademark is jointly owned, each joint owner shall be deemed a trademark right holder) files an application to register the renewal of the duration of the trademark rights.

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

(3) Where a trial decision to invalidate registration to renew the duration of trademark rights becomes final and conclusive, such renewal registration shall be deemed never to have existed.

(4) Where a trial 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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