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Trademark Act — Article 48 (Succession to and Divided Transfer of Applications)

상표법 제48조

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) No succession to an application for trademark registration shall take effect unless a report on the change of the applicant is filed, except in cases of inheritance and other general succession.

(2) An application for trademark registration may be transferred by dividing such application for each of the designated goods. In such cases, similar designated goods shall be transferred en bloc.

(3) Where an application for trademark registration is inherited or succeeded in general, the successor shall report, without delay, the purpose thereof to the Commissioner of the Korean Intellectual Property Office.

(4) Where an application for trademark registration is owned jointly, no joint owner shall transfer his or her stake therein without the consent of all other joint owners.

(5) An application for trademark registration transferred after the division thereof pursuant to paragraph (2) shall be deemed filed at the time the first application for trademark registration was filed: Provided, That the foregoing shall not apply where the priority under Article 46 (1) is claimed or special cases exist at the time of filing of the application under Article 47 (1).

(6) Any of the following applications for registration shall not be transferred: Provided, That where such application for registration is transferred together with affairs under the relevant subparagraph, it may be transferred:

1. An application for registration of a business emblem under Article 3 (6);

2. An application for trademark registration under the proviso of Article 34 (1) 1 (c), the proviso of item (d) of the same subparagraph and the proviso of subparagraph 3 of the same paragraph.

(7) No application for collective mark registration shall be transferred: Provided, That where corporations are merged, an application for collective mark registration may be transferred with permission of the Commissioner of the Korean Intellectual Property Office.

(8) No application for certification mark registration shall be transferred: Provided, That where an application for certification mark registration is transferred together with its business to a person who may obtain a certification mark registration under Article 3 (3) with the relevant certification mark, such application for certification mark registration may be transferred with the permission of the Commissioner of the Korean Intellectual Property Office.

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