(1) Where at least two applications for trademark registration are filed on different days with respect to the same or similar trademark to be used on the same or similar goods, only the first person who files an application may obtain registration of such trademark.
(2) Where at least two applications for trademark registration are filed on the same day with respect to the same or similar trademark to be used on the same or similar goods, only one applicant designated by agreement among the applicants may obtain registration of such trademark. When they fail to reach agreement, or are unable to do so, only one applicant determined by a lot drawn by the Commissioner of the Korean Intellectual Property Office may obtain registration of such trademark.
(3) Where an application for trademark registration falls under any of the following, such application for trademark registration shall be deemed to have never existed when paragraphs (1) and (2) apply:
1. Where the application for trademark registration is abandoned or withdrawn;
2. Where the application for trademark registration is invalidated;
3. Where a decision to reject trademark registration under Article 54 or a trial decision to the effect of rejecting the same becomes final and conclusive.
(4) In cases falling under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall order an applicant to report the terms of the agreement within a fixed period, and where the applicant fails to so report within such period, the agreement under paragraph (2) shall be deemed never reached.
(5) The provisions of paragraphs (1) and (2) shall not apply to the following:
1. Where at least two applications for registration of a collective mark with geographical indication, an application for registration of a collective mark with geographical indication, or an application for trademark registration with the same or similar mark is filed on goods that are not identical (including where goods are deemed identical);
2. Where at least two applications for registration of a collective mark with geographical indication, which corresponds to the homonymous geographical indication, are filed.
(6) Notwithstanding paragraphs (1) and (2), where the consent of the first person filing an application or of an applicant determined by agreement or by a lot drawn has been obtained for the registration of the trademark (excluding the case where such consent has been obtained for a trademark that is the same trademark and is used on goods identical to the designated goods), a person who files an application later or who is not an applicant determined by agreement or by a lot drawn may obtain registration of the trademark. <Newly Inserted on Oct. 31, 2023>