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Trademark Act — Article 138 (Decision on Application for Exclusion or Challenge)

상표법 제138조

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 an application for exclusion or challenge is filed, exclusion or challenge shall be decided through a trial.

(2) No judge against whom an application for exclusion or challenge is filed shall participate in a trial related to such exclusion or challenge: Provided, That he or she may state his or her opinion.

(3) All decisions made under paragraph (1) shall be in writing, and grounds for such decision shall be stated therein.

(4) No person shall appeal a decision under paragraph (1).

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