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Trademark Act — Article 149 (Trial Decision)

상표법 제149조

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) Except as otherwise expressly provided, a trial shall be completed upon a trial decision.

(2) A trial decision under paragraph (1) shall be made in writing stating the following, and judges who make such trial decision shall affix their signatures and seals to such documents:

1. Trial Number;

2. Names and addresses of the parties and intervenors (in cases of a corporation, referring to its name and the seat of its place of business);

3. Where an agent of a party or an intervenor exists, the name and address of his or her agent or the seat of his or her place of business [where the agent is a patent corporation or patent corporation (with limited liability), referring to its name, the seat of its office and the name of a designated patent attorney];

4. Indication of the case at trial;

5. Text of the trial decision;

6. Grounds for the trial decision (including the purpose of the request and an outline of such grounds);

7. Date of the trial decision.

(3) When a case is due for trial decision, the presiding judge shall notify a party and an intervenor of the completion of a hearing.

(4) If deemed necessary, the presiding judge may resume a hearing at the request of a party or an intervenor or ex officio, even after he or she has notified the completion of the hearing pursuant to paragraph (3).

(5) A trial decision shall be made within 20 days from the date the presiding judge notifies the completion of a hearing under paragraph (3).

(6) Where a trial decision or a decision is made, the presiding judge shall serve a certified copy of the trial decision or decision on a party, an intervenor and persons whose application for intervention is rejected though they have filed an application for intervention.

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