(1) Where a trademark registration fee or a fee already paid falls under any of the following, the trademark registration fee or the fee under the following classification shall be refunded at the request of the person who has paid the trademark registration fee or the fee: <Amended on Oct. 31, 2023>
1. Where the trademark registration fee or the fee is paid mistakenly: The trademark registration fee or the fee mistakenly paid;
2. Where an application for trademark registration is withdrawn or abandoned within one month such application for trademark registration is filed: An application fee for trademark registration and an application fee for priority claim among the fees already paid: Provided, That the foregoing shall not apply to the following applications:(a) Divisional applications, applications for modification, or applications for trademark registration which become the basis of divisional applications or applications for modification;(b) Applications for preferential examination under Article 53;(c) Applications for international trademark registration deemed applications for trademark registration under this Act pursuant to Article 180 (1);
3. Where a decision to dismiss an amendment or decision to reject an amendment is revoked pursuant to Article 156 (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161, but excluding where there are amendments under the subparagraphs of Article 40 (1) and Article 41 (1) 1 among trials or retrials): A fee for requesting a trial among fees already paid (in cases of a retrial, referring to a fee for requesting a retrial; hereinafter the same shall apply);
4. Where a request for a trial is dismissed by decision pursuant to Article 127 (2) and such decision becomes final and conclusive (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount equivalent to half the fee for a request for a trial from among fees already paid;
5. Where an application for intervention under Article 142 (1) is withdrawn before the completion of a trial is notified (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount equivalent to half the fee for a request for intervention from among fees already paid;
6. Where a request for intervention under Article 142 (1) is rejected by decision (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount equivalent to half the fee for a request for intervention among fees already paid;
7. Where a request for a trial is withdrawn before the completion of a trial is notified (including where such decision is applied mutatis mutandis to procedures for retrial pursuant to Article 161): An amount equivalent to half the fee for a request for a trial among fees already paid.
8. Where an application to register the renewal of the duration has been filed before the expiration of the duration of a trademark right under the main clause of Article 84 (2), but all or part of the trademark right is extinguished or relinquished before the effective date of registration to renew the duration of the trademark right: An amount calculated by deducting a trademark registration fee calculated by excluding the extinguished or relinquished trademark from the trademark registration fee already paid;
9. Where a trademark registration fee has been paid in installments pursuant to the latter part of Article 72 (1), and the second installment of the trademark registration fee is paid but all or part of the trademark right has been extinguished or relinquished before five years elapse from the date of establishment and registration of the trademark right or the date of registration to renew the duration of the trademark: An amount calculated by deducting a second installment calculated by excluding the extinguished or relinquished trademark right from the second installment of the trademark registration fee already paid.
(2) Where a trademark registration fee or fee already paid falls under any of the subparagraphs of paragraph (1), the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board shall notify the person who has paid such fee of the fact.
(3) No claim for refund of a trademark registration fee or fee under paragraph (1) shall be filed if five years elapse from the date a person receives notification under paragraph (2). <Amended on Oct. 18, 2022>