Korean Law in English
Laws › Trademark Act › CHAPTER VII TRIAL

Trademark Act — Article 127 (Dismissal of Request for Trial)

상표법 제127조

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 a written request falls under any of the following, the presiding judge shall require a requester to make an amendment with a fixed period: Provided, that if matters to be amended are insignificant and clear, the presiding judge may amend them ex officio. <Amended on Sep. 14, 2023>

1. Where a written request violates Article 125 (1) or (3) or 126 (1);

2. Where trial proceedings fall under any of the following:(a) Trial proceedings violate Article 4 (1) or 7;(b) Where a requester fails to pay a fee payable under Article 78;(c) Trial proceedings violate a method prescribed by this Act or an order under this Act.

(2) Where a person ordered to make an amendment under the main clause of paragraph (1) fails to make an amendment within a designated period or any matters amended violate Article 125 (2) or 126 (2), the presiding judge shall dismiss a written request or a request related to the relevant procedures by decision. <Amended on Sep. 14, 2023>

(3) A ruling under paragraph (2) shall be made in writing, stating the grounds therefor.

(4) Where the presiding judge intends to make an ex officio amendment pursuant to the proviso of paragraph (1), he or she shall notify the requester of such ex officio amendment. <Newly Inserted on Sep. 14, 2023>

(5) If the requester cannot accept such ex officio amendment under the proviso of paragraph (1), the requester shall submit a written opinion on the ex officio amendment to the presiding judge within seven days from the date the requester receives notification of the ex officio amendment. <Newly Inserted on Sep. 14, 2023>

(6) Where the requester submits his or her written opinion pursuant to paragraph (5), the relevant ex officio amendment shall be deemed never to have existed. <Newly Inserted on Sep. 14, 2023>

(7) Where an ex officio amendment under the proviso of paragraph (1) is clearly incorrect, such ex officio amendment shall be deemed never to have existed. <Newly Inserted on Sep. 14, 2023>

‹ Article 126All articlesArticle 128 ›

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