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Trademark Act — Article 124 (Request for Joint Trial)

상표법 제124조

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 at least two persons request any of the following trials on the same trademark rights, they may severally or jointly request a trial:

1. A trial to invalidate trademark registration under Article 117 (1) or registration to renew the duration of trademark rights under Article 118 (1);

2. A trial to revoke trademark registration under Article 119 (1);

3. A trial to revoke registration of an exclusive license or a non-exclusive license under Article 120 (1);

4. A trial to confirm the scope of rights under Article 121;

5. A trial to invalidate registration of the conversion of the classification of goods under Article 214 (1).

(2) Where a person requests a trial against the holder of a trademark right under joint ownership, he or she shall file a lawsuit against all of the joint owners requested.

(3) Notwithstanding paragraph (1), where a joint owner of the trademark rights or the right to obtain trademark registration requests a trial concerning the rights under joint ownership, all of the joint owners shall file such lawsuit.

(4) Where the cause for the interruption or the suspension of trial proceedings lies in a requester under paragraph (1) or (3), or one of the requested persons under paragraph (2), such interruption or suspension shall take effect on all of them.

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

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