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Trademark Act — Article 160 (Restrictions on Effect of Trademark Rights Reinstated through Retrial)

상표법 제160조

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.

In any of the following cases, the trademark rights shall not effect the act of using a trademark identical to the relevant registered trademark on goods identical to designated goods bearing the registered trademark in good faith before the registration of the trademark rights reinstated after the relevant trial decision becomes final and conclusive, or an act falling under any of the subparagraphs of Article 108 (1) or the subparagraphs of paragraph (2) of the same Article:

1. Where the effect of trademark rights is reinstated through a retrial after the trademark registration or registration to renew the duration of the trademark rights is invalidated;

2. Where the effect of the trademark rights is reinstated through a retrial after the trademark registration is revoked;

3. Where after a trial decision that trademark rights do not belong to the scope of rights of the trademark rights becomes final and conclusive, another trial decision contrary to the aforesaid trial decision becomes final and conclusive through a retrial.

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