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Trademark Act — Article 159 (Period of Request for Retrial)

상표법 제159조

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) A party shall request a retrial within 30 days from the date he or she becomes aware of the grounds for a retrial after a trial decision becomes final and conclusive.

(2) Where a retrial is requested on the grounds of a defect in agency authority, the period under paragraph (1) shall be counted from the day following the date a requester or his or her legal representative becomes aware that a trial decision is made when he or she is served with a certified copy of the trial decision.

(3) No retrial shall be requested where three years elapse after the trial decision becomes final and conclusive.

(4) Where a reason for retrial arises after the trial decision becomes final and conclusive, the period under paragraph (3) shall be counted from the day following the date such reason arises.

(5) Paragraphs (1) and (3) shall not apply where a retrial is requested on the grounds that the retrial is in conflict with the final and conclusive trial decision before the relevant trial decision.

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