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Trademark Act — Article 44 (Modification of Applications)

상표법 제44조

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 applicant who has filed any of the following applications may modify the application with any of the other following applications:

1. An application for trademark registration;

2. An application for collective mark registration (excluding an application for collective mark registration with geographical indication);

3. An application for certification mark registration (excluding an application for certification mark registration with geographical indication).

(2) Any applicant who has filed an application for registration of additional designated goods may modify such application to an application for trademark registration: Provided, That the foregoing shall not apply where a trial to invalidate a registered trademark which becomes the basis of an application for registration of additional designated goods or a trial to revoke such registered trademark is requested, or such trademark is nullified due to the aforesaid trial.

(3) An application modified pursuant to paragraphs (1) and (2) (hereinafter referred to as "modified application") shall be deemed filed when the first application is filed: Provided, That the application of the provisions of Article 46 (3) or (4) or Article 47 (2) shall be based on the time a modified application is filed. <Amended on Oct. 31, 2023>

(4) No modification of an application under paragraphs (1) and (2) shall be made after a decision on whether registration based on the first application is granted or trial decision thereon becomes final and conclusive.

(5) Where an application forming the basis of a modified application is the one for which priority is claimed pursuant to Article 46, such priority shall be deemed claimed at the time such modified application is filed under paragraphs (1) and (2); and where any documents or writings have been submitted under Article 46 for an application forming the basis of a modified application, the relevant documents or writings shall be deemed submitted for such modified application. <Newly Inserted on Oct. 31, 2023>

(6) With regard to a modified application for which priority is deemed claimed under Article 46 in accordance with paragraph (5), all or part of such priority claim may be withdrawn within 30 days from the date the modified application is filed. <Newly Inserted on Oct. 31, 2023>

(7) Paragraphs (5) and (6) shall apply mutatis mutandis to special cases at the time of filing applications under Article 47. <Newly Inserted on Oct. 31, 2023>

(8) In cases of a modified application, the first application shall be deemed withdrawn. <Amended on Oct. 31, 2023>

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