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Trademark Act — Article 82 (Registration and Establishment of Trademark Rights)

상표법 제82조

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) Trademark rights shall come into existence by obtaining trademark registration and establishing trademark rights.

(2) The Commissioner of the Korean Intellectual Property Office shall grant trademark registration for the establishment of trademark rights, in any of the following cases:

1. Where an applicant pays a trademark registration fee (where he or she pays the trademark registration fee in installments pursuant to the latter part, with the exception of the subparagraphs, of Article 72 (1), referring to the first installment of the trademark registration fee; hereafter in this paragraph, the same shall apply) pursuant to Article 72 (3) or 74;

2. Where an applicant pays the remainder of the trademark registration fee pursuant to Article 76 (2);

3. Where an applicant pays a trademark registration fee or pays the remainder thereof pursuant to Article 77 (1).

(3) Where the Commissioner of the Korean Intellectual Property Office grants trademark registration pursuant to paragraph (2), he or she shall officially announce the trademark registration by publishing matters prescribed by Presidential Decree, such as the name, address, and trademark registration number of the trademark right holder, in the Trademark Official Gazette.

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