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Trademark Act — Article 37 (Recognition of Filing Date of Application for Trademark Registration)

상표법 제37조

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) The date an application for trademark registration is delivered to the Commissioner of the Korean Intellectual Property Office shall be deemed the date an application for trademark registration is filed: Provided, That the foregoing shall not apply where an application for trademark registration falls under any of the following:

1. Where the purpose for which an applicant intends to obtain trademark registration is not clearly indicated;

2. Where an applicant cannot be identified because his or her name or title is not mentioned or is not mentioned clearly;

3. Where a trademark cannot be recognized because the trademark intended to be registered is not mentioned in the application for trademark registration or matters mentioned are unclear;

4. Where no designated goods are mentioned;

5. Where the application is not prepared in Korean.

(2) Where an application for trademark registration falls under any of the subparagraphs of paragraph (1), the Commissioner of the Korean Intellectual Property Office shall order a person who intends to obtain trademark registration to supplement such application within a reasonably fixed period.

(3) Where a person ordered to supplement an application under paragraph (2) supplements this application for trademark registration, he or she shall submit a document concerning the complement of procedures (hereafter in this Article, referred to as "document concerning the complement of procedures").

(4) Where a person ordered to complement an application under paragraph (2) complements this application for trademark registration within the designated period, the Commissioner of the Korean Intellectual Property Office shall deem the date such document concerning the complement of procedures is delivered to the Korean Intellectual Property Office to be the date his or her application for trademark registration is filed.

(5) Where a person ordered to complement an application under paragraph (2) fails to complement this application for trademark registration within the designated period, the Commissioner of the Korean Intellectual Property Office may return such application for trademark registration, deeming such application to be an inappropriate application.

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