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Trademark Act — Article 45 (Division of Application)

상표법 제45조

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) Where an applicant has filed an application for trademark registration for at least two kinds of goods as designated goods, such application for trademark registration may be divided into at least two applications for trademark registration within a period prescribed by the subparagraphs of Article 40 (1) and the subparagraphs of Article 41 (1).

(2) Where an application for trademark registration divided pursuant to paragraph (1) (hereinafter referred to as "divisional application") is filed, such divisional application shall be deemed filed at the time the first application for trademark registration 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 divisional application is filed. <Amended on Oct. 31, 2023>

(3) Where an application for trademark registration on which division is based is an application for trademark registration for which priority is claimed under Article 46, priority shall be deemed claimed also with regard to a divisional application if such divisional application is filed under paragraph (1); and where there exist any documents or writings submitted under Article 46 in respect to an application for trademark registration on which division is based, the relevant documents or writings shall be deemed submitted also with respect to the divisional application. <Newly Inserted on Oct. 19, 2021>

(4) With regard to a divisional application for which priority is deemed claimed under Article 46 in accordance with paragraph (3), all or part of such priority claim may be withdrawn within 30 days from the date the divisional application is filed. <Newly Inserted on Oct. 19, 2021>

(5) Paragraphs (3) and (4) shall apply mutatis mutandis to special cases at the time of filing an application under Article 47. <Newly Inserted on Oct. 19, 2021>

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