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Trademark Act — Article 225 (Special Rules on Trademarks Similar to Registered Trademark)

상표법 제225조

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) "Registered trademark" under Articles 89, 92, 95 (3), 97 (2), 104, 110 (4), 119 (1) 3 and (3), 160, 222 and 224 shall be deemed to include a trademark similar to such registered trademark, in which case if the same color as that of the registered trademark is applied to such trademark, the trademark is recognized as identical to the registered trademark.

(2) "Trademark similar to the registered trademark" under Articles 108 (1) 1 and 119 (1) 1 shall not be deemed to include a trademark similar to such registered trademark, in which case if the same color as that of the registered trademark is applied to such trademark, the trademark is recognized as identical to the registered trademark.

(3) "Trademark similar to the registered collective mark with geographical indication" under Article 108 (2) 1 shall not be deemed to include a trademark similar to such registered collective mark, in which case if the same color as that of the registered collective mark is applied to such trademark, the trademark is recognized as identical to the registered collective mark.

(4) None of the provisions of paragraphs (1) through (3) shall apply to a registered trademark which consists of colors or a combination of colors only.

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