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Trademark Act — Article 83 (Duration of Trademark Rights)

상표법 제83조

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) The duration of trademark rights shall be 10 years from the date of registration and establishment thereof pursuant to Article 82 (1).

(2) The duration of trademark rights may be renewed for another 10 years by filing an application to register the renewal of the duration.

(3) Notwithstanding paragraphs (1) and (2), in any of the following cases, trademark rights shall be extinguished where five years elapse from the date of registration and establishment of trademark rights or the date of registration to renew the duration:

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

2. Where an applicant fails to pay the remainder of the trademark registration fee within the period for remainder payment despite being ordered to pay the remainder of the trademark registration fee pursuant to Article 76 (1);

3. In cases falling under Article 77 (1), where an applicant fails to pay a trademark registration fee or pay the remainder thereof within the relevant period.

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Korean original (law.go.kr) · Get articles as JSON via API