Korean Law in English
Laws › Trademark Act › CHAPTER I GENERAL PROVISIONS

Trademark Act — Article 12 (Orders to Appoint or Replace Agent)

상표법 제12조

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 the Commissioner of the Korean Intellectual Property Office or the presiding judge designated pursuant to Article 131 (1) (hereinafter referred to as "presiding judge") deems a person who follows trademark-related procedures incompetent to follow such procedures, such as where the person is deemed to ineffectively perform such procedures or to be unable to make a statement at an oral hearing, he or she may order such person’s agent, if any, to follow the procedures.

(2) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge deems that the agent of a person who follows trademark-related procedures is incompetent to follow such procedures, such as where such agent is deemed to ineffectively perform the procedures or to be unable to make a statement at an oral hearing, he or she may order such person to replace his or her agent.

(3) In cases falling under paragraphs (1) and (2), the Commissioner of the Korean Intellectual Property Office or the presiding judge may order a person who falls under paragraphs (1) and (2) to require a patent attorney to act for him or her.

(4) Where the Commissioner of the Korean Intellectual Property Office or the presiding judge gives an order to appoint or replace an agent pursuant to paragraph (1) or (2), he or she may invalidate all or some of the trademark-related procedures followed by the person who follows the trademark-related procedures or the agent before being replaced with respect to the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board before an agent is appointed under paragraph (1) or replaced under paragraph (2) at the request of the person who follows the trademark-related procedures.

‹ Article 11All articlesArticle 13 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law