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Trademark Act — Article 216 (Prohibition of Taking out and Disclosure of Documents Relating to Application for Trademark Registration, Examination, or Trial)

상표법 제216조

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) Any documents relating to an application for trademark registration, examination, formal objection, trial or retrial, or the trademark register shall not be removed except in any of the following cases: <Amended on Jan. 8, 2019; Aug. 17, 2021>

1. Where documents relating to an application for trademark registration, application for registration of a collective mark with geographical indication, examination or formal objection are taken out for trademark search, etc. under Article 51 (1) and (3) through (5);1-2. Where documents relating to an application for trademark registration, examination, formal objection, trial or retrial, or the trademark register is removed for mediation under Article 151-2 (2);

2. Where documents relating to an application for trademark registration, examination, formal objection, trial or retrial, or the trademark register is removed to entrust the digitization of trademark documents under Article 217 (2);

3. Where documents relating to an application for trademark registration, examination, formal objection, trial, or retrial, or the trademark register is removed for online telecommuting under Article 32 (3) of the Electronic Government Act.

(2) No expert opinion shall be provided, no testimony shall be borne or no answers shall be provided to any question concerning the details of an application for trademark registration, examination, formal objection, a case pending due to a trial or retrial, or decision on whether to grant trademark registration, or the details of the trial decision or decision.

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