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Trademark Act — Article 18 (Invalidation of Procedures)

상표법 제18조

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 person ordered to make an amendment under Article 39 (including where it is applied mutatis mutandis in Article 212) fails to make such amendment within the designated period, the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board may invalidate the relevant trademark-related procedures.

(2) Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board deems that a person ordered to make an amendment has failed to observe the designated period for good reason, even though he or she has invalidated trademark-related procedures pursuant to paragraph (1), he or she may revoke the invalidation thereof at the request of the person ordered to make an amendment within two months from the date such reason ceases to exist: Provided, That the foregoing shall not apply where one year has elapsed from the expiration date of the designated period. <Amended on Oct. 19, 2021>

(3) Where the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board invalidates procedures under paragraph (1) or revokes the invalidation thereof under the main clause of paragraph (2), he or she shall serve a notice of his or her action on a person ordered to make an amendment.

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