(1) Where a citizen of a State party which recognizes the priority of an application for trademark registration filed by a citizen of the Republic of Korea in accordance with the treaty claims priority by filing an application for registration of the same trademark with the Republic of Korea after he or she has filed an application for trademark registration with the State party or other State parties, the date the application for trademark registration is filed with the State party shall be deemed the date the application for trademark registration is filed with the Republic of Korea when Article 35 is applied. The same shall also apply where a citizen of the Republic of Korea files an application for registration of the same trademark with the Republic of Korea after he or she has filed an application for trademark registration with the State party which recognizes the priority of an application for trademark registration filed by a citizen of the Republic of Korea in accordance with the treaty.
(2) No person who intends to claim priority pursuant to paragraph (1) shall claim such priority unless he or she files an application within six months after the date of the first application forming the basis for claiming the priority.
(3) Any person who intends to claim the priority pursuant to paragraph (1) shall state the purpose of filing an application for trademark registration, the name of the country with which the first application for trademark registration was filed, and the filing date of the first application in the written application for trademark registration at the time of filing the application.
(4) Any person who claims priority pursuant to paragraph (3) shall submit a document stating the filing date of an application for trademark registration recognized by the government of a State party with which he or she filed the first application for trademark registration, a trademark and a certified copy of designated goods, to the Commissioner of the Korean Intellectual Property Office within three months after the filing date of an application for trademark registration.
(5) Where a person who claims priority pursuant to paragraph (3) fails to submit documents under paragraph (4) within the period under paragraph (4), his or her claim of the priority shall lose its effect.