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CHAPTER ¥°GENERAL PROVISIONS
Article 1 ¡¼Purpose¡½
The purpose of this Law shall be to ensure
the maintenance of the business reputation of
persons using trademarks by protecting trademarks
so as to contribute to the development of industry
and to protect the interests of consumers.
Article 2¡¼Definitions¡½
(1) The definitions of terms used in this
Law shall be as follows:
(¥¡) "trademark" is defined as
any of the following(hereinafter referred to
as a "mark") which is used on goods
related to the business of a person who carries
on business activities, such as producing, processing,
certifying or selling such goods, for the purpose
of distinguishing them from the goods of others;
(a) A sign, a character, a figure, a three-dimensional
shape or any combination thereof;
(b) Any combination of color with any of
the items of subparagraph(a) of this paragraph.
(¥¢) "service mark" means a mark
which is used by a person who carries on a service
business for the purpose of distinguishing such
business from those of others;
(¥£) "collective mark" means a
mark intended to be used with respect to the
goods or services of members of a legal entity
founded by and composed of persons who are in
the same line of business and who are closely
associated therein and who are controlled by
the legal entity;
(¥¤) "business emblem" means a
mark which is used by a person who carries on
a nonprofit business for the purpose of indicating
his business;
(¥¥) "registered trademark " means
a trademark for which a trademark registration
has been granted;
(¥¦) "use of a trademark" means
any of the following acts:
(a) applying trademarks on goods or their
packaging;
(b) selling or delivering goods or their
packaging on which trademarks have been applied
or displaying, exporting or importing such goods
or their packaging for the purposes of selling
or delivering;
(c) indicating the trademark on advertisements,
price lists, business papers, signboards or
labels or displaying or distributing them.
(2) Acts of using a trademark on goods, packaging
of goods, advertisements, signboards of labels
under above paragraph (1)(¥¦)(a) to (c) of this
Article shall include using goods, packaging
of goods, advertisements, signboards or labels
as shapes of marks.
(3) Except as otherwise expressly provided
for in this Law, the provisions in this Law
relating to trademarks shall apply to service
marks, collective marks and business emblems.
Article 3 ¡¼Persons Entitled to Register
a Trademark¡½
Any person who uses or intends to use his
trademark in the Republic of Korea shall be
entitled to trademark registration; however,
employees of the Korean Industrial Property
Office or employees of the Industrial Property
Tribunal shall not be entitled to register trademarks
during their employment at the Office except
in the case of inheritance or bequest.
Article 4 ¡¼Persons Entitled to Register
a Business Emblem¡½
Any person who carries on a nonprofit business
in the Republic of Korea shall be entitled to
register a business emblem.
Article 5 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
Articles 3 - 26, 28 of the Patent Law shall
apply mutatis mutandis to trademarks.
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