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Trademark Act — Article 123 (Application Mutatis Mutandis of Examination Provisions to Trial against Decision to Reject Trademark Registration)

상표법 제123조

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) Articles 41, 42, 45, 55, 57 through 68, 87 (2) and (3), and 210 (2) and (3) shall apply mutatis mutandis to trials against a decision to reject trademark registration under Article 54. In such cases, Article 57 shall not apply mutatis mutandis to cases where an application for trademark registration or application for registration of additional designated goods has already been announced officially.

(2) Where Article 42 is applied mutatis mutandis pursuant to paragraph (1), "Where a person files a lawsuit pursuant to Article 115" in Article 42 (3) shall be construed as "where a lawsuit is commenced pursuant to Article 162 (1)," and "until the trial decision becomes final and conclusive" shall be construed as "until the judgment becomes final and conclusive," respectively.

(3) Articles 42 (4) and (5), 55, 87 (2) and (3), and 210 (2) and (3) applied mutatis mutandis pursuant to paragraph (1) shall also apply mutatis mutandis where grounds for decision to reject the relevant trademark registration and other grounds for rejection are discovered.

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