Korean Law in English
Laws › Trademark Act › CHAPTER V TRADEMARK RIGHTS

Trademark Act — Article 99 (Right to Continuously Use Trademark Based on First to Use)

상표법 제99조

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) Any person who uses a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods, and meets the following requirements (including a person who succeeds to his or her position) shall have the right to continuously use the trademark on goods on which he or she uses the relevant trademark:

1. He or she shall have continuously used the trademark in the Republic of Korea without the intention of unfair competition, before another person files an application for trademark registration;

2. Upon using the trademark pursuant to subparagraph 1, the trademark shall be recognized among consumers of the Republic of Korea to indicate the goods of a specific person at the time another person files an application for trademark registration.

(2) Any person who uses a means indicating the identity of his or her character, such as his or her name and trade name, as his or her trademark in accordance with generally accepted business practices, and meets requirements under paragraph (1) 1 shall have the right to continuously use the trademark on goods on which he or she uses the relevant trademark.

(3) The trademark right holder or the exclusive licensee may request a person who has the right to use the trademark pursuant to paragraph (1) to make an indication necessary to prevent the misunderstanding or confusion of the source between goods of the person and his or her goods.

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