(1) Where a holder of a trademark registered with and the right thereto established in the Republic of Korea (excluding a registered trademark following an application for international trademark registration; hereinafter referred to as "domestically registered trademark") satisfies all the following requirements when he or she files an application for international trademark registration, such application for international trademark registration shall be deemed filed on the filing date of an application for trademark registration relating to the relevant domestically registered trademark to the extent that designated goods overlap:
1. The trademark registered on the International Trademark Register (hereafter in this paragraph, referred to as "internationally registered trademark") following an application for international trademark registration shall be identical to the domestically registered trademark;
2. The holder of an international registration concerning the internationally registered trademark shall be identical to the holder of the domestically registered trademark;
3. Deleted; <Oct. 31, 2023>
4. The effect of territory extension under Article 3-3 of the Madrid Protocol shall arise after the date of trademark registration of the domestically registered trademark.
(2) Where the priority right under the treaty is recognized on an application for trademark registration concerning the domestically registered trademark under paragraph (1), the priority right is also recognized on an application for international trademark registration under the same paragraph.
(3) Where the trademark right of the domestically registered trademark is revoked or extinguished on any of the following grounds, the effect on the relevant application for international trademark registration under paragraphs (1) and (2) shall not be recognized to the same extent as designated goods of the trademark right revoked or extinguished:
1. Where a trial decision to the effect that the trademark registration is revoked on the grounds that the trademark registration falls under the subparagraphs (excluding subparagraph 4) of Article 119 (1) becomes final and conclusive;
2. Where a trial to revoke trademark registration is requested on the grounds that the trademark registration falls under the subparagraphs (excluding subparagraph 4) of Article 119 (1), and trademark rights are extinguished due to the expiration of the duration, or some trademark rights or designated goods are relinquished after the date of such trial is requested.
(4) Any person who intends to file an application under Article 4-2 (2) of the Madrid Protocol shall submit a written application stating the following to the Commissioner of the Korean Intellectual Property Office:
1. Name and address of the holder of the international registration (in cases of a corporation, referring to its name and the seat of its place of business);
2. International registration number;
3. Related domestically registered trademark number;
4. Overlapping designated goods;
5. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) Where an application under paragraph (4) is filed, an examiner shall advise the applicant whether the effect under paragraphs (1) through (3) is recognized on the relevant application for international trademark registration.