(1) Where an international registration of a trademark, which is eligible for international registration through which the Republic of Korea has been designated as a designated country (including subsequent designation), on all or some of the designated goods lapses pursuant to Article 6 (4) of the Madrid Protocol, the holder of the international registration may file an application for trademark registration on all or some of such goods with the Commissioner of the Korean Intellectual Property Office.
(2) Where an application for trademark registration under paragraph (1) satisfies all the following requirements, such application shall be deemed filed on the date of international registration (in cases of a subsequent designation, referring to the date of the subsequent designation):
1. An application for trademark registration under paragraph (1) shall be filed within three months from the expiration date of the international registration under the same paragraph;
2. All designated goods in an application for trademark registration under paragraph (1) shall be included in designated goods in international registration;
3. A trademark filed to obtain trademark registration shall be identical to another trademark eligible for the international registration which has lapsed.
(3) Where the priority under the treaty is recognized on an application for international trademark registration concerning international registration under paragraph (1), the priority shall be recognized on an application for trademark registration under the same paragraph.