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Trademark Act — Article 77 (Reinstatement of Application for Trademark Registration by Payment of Trademark Registration Fees or Remainder Payment)

상표법 제77조

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 any of the following persons fails to pay a trademark registration fee within the payment period under Article 72 (3) or 74 or fails to pay the remainder within the period for remainder payment under Article 76 (2) for good reason, he or she may pay such trademark registration fee or pay the remainder within two months from the date such reason ceases to exist: Provided, That where one year has elapsed since the expiration of the period for payment or of the period for remainder payment, whichever occurs later, he or she shall not be able to pay the trademark registration fee or pay the remainder: <Amended on Oct. 19, 2021>

1. An applicant for trademark registration;

2. An applicant for registration of additional designated goods;

3. An applicant to register the renewal of the duration of trademark rights, or a trademark right holder.

(2) Notwithstanding Article 75, any person who has paid a trademark registration fee or paid a remainder (where he or she has paid a trademark registration fee in installments pursuant to the latter part, with the exception of the subparagraphs, of Article 72 (1), referring to a person who has paid the first installment of a trademark registration fee or paid the remainder thereof) pursuant to paragraph (1) shall not be deemed to have abandoned such application for trademark registration, application for registration of additional designated goods or application to register the renewal of the duration of trademark rights.

(3) Where an application for trademark registration, an application for registration of additional designated goods or a bundle of trademark rights (hereafter in this Article, referred to as "application for trademark registration, etc.") has been recovered pursuant to paragraph (2), such application for trademark registration, etc. shall not effect an act of using a trademark identical or similar to such trademark on goods identical or similar to such designated goods before the application for trademark registration, etc. is recovered after the period for payment under Article 72 (3) or 74 expires.

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