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CHAPTER ¥³ TRADEMARK REGISTRATION FEES AND REGISTRATION OF TRADEMARKS
Article 34 ¡¼Trademark Registration Fees¡½
(1) A person desiring to obtain registration
of a trademark right, supplementary registration
of designated goods or registration for the
renewal of term of a trademark right shall pay
the trademark registration fees.
(2) Regardless of whether the person liable
to pay the trademark registration fees is willing,
any interested person may pay the trademark
registration fees under paragraph (1) of this
Article.
(3) Matters related to the payment of trademark
registration fees under paragraph (1) of this
Article, including the procedure and time limits
for payment, shall be prescribed by the Ordinance
of the Ministry of Commerce, Industry and Energy.
Article 35 ¡¼Extension Payment Period for
Trademark Registration Fees¡½
The Commissioner of the Korean Industrial
Property Office may, upon request, extend the
period for the payment of trademark registration
fees under Article 34(3) for a period not exceeding
thirty days.
Article 36 ¡¼Abandonment of Application for
Registration of Trademark as a Consequence
of
Nonpayment of Trademark Registration Fees¡½
If the trademark registration fees are not
paid within the periods provided for in Articles
34(3) or 35, the applications for registration
of a trademark, supplementary registration of
designated goods or registration for the renewal
of term of a trademark shall be deemed to have
been abandoned.
Article 37 ¡¼Official Fees¡½
(1) A person filing an application, making
a demand or initiating other procedures with
regard to a trademark shall pay official fees.
However, in the event a request is made for
an invalidation trial by an examiner in accordance
with Article 71(1) or 72(1), such fees shall
not be applicable.
(2) Matters related to the payment of official
fees under paragraph(i) of this Article, including
the procedure and time limits for payment of
the fees, shall be prescribed by the Ordinance
of the Ministry of Commerce, Industry and Energy.
(3) A person who makes an application for
renewal of term registration of a trademark
right within the period of time as prescribed
in Article 43(2) shall pay the amount as determined
by the Ordinance of the Ministry of Commerce,
Industry and Energy in addition to the fee referred
to in paragraph (2) of this Article.
Article 38 ¡¼Refund of Trademark Registration
Fees¡½
Trademark registration fees and official
fees which have been paid shall not be refunded.
However, where payment of fees have been made
by mistake, the mistaken portion of the fees
shall be refunded without delay upon request
by the person who made such payment, where such
request is made within one year from the date
of the payment.
Article 39 ¡¼Trademark Register¡½
(1) The Commissioner of the Korean Industrial
Property Office shall keep a Trademark Register
at the Korean Industrial Property Office and
shall register the following matters:
(¥¡) the establishment, transfer, modification,
expiration, renewal of the term, supplementary
registration of designated goods or restriction
on disposal, of a trademark right;
(¥¢) the establishment, maintenance, transfer,
modification, expiration, or restriction on
disposal of an exclusive or non-exclusive license;
and
(¥£) the establishment, transfer, modification,
expiration, and restriction on disposal of a
pledge on a trademark right in relation to an
exclusive or non-exclusive license.
(2) All or part of the Trademark Register
may be stored in electronic format such as magnetic
tape.
(3) Necessary matters relating to registration
and registration procedures of trademarks not
provided for in paragraphs (1) and (2) of this
Article shall be prescribed by the Presidential
Decree.
Article 40 ¡¼Issuance of Certificate of Registration
of Trademark¡½
(1) When the establishment of a trademark
right has been registered, the commissioner
of the Korean Industrial Property Office shall
issue a certificate of registration of the trademark
to the owner of the trademark.
(2) Where the certificate of registration
of a trademark does not correspond with the
Trademark Register, the Commissioner of the
Korean Industrial Property Office shall make
a correction on the certificate and reissue
the certificate with amendments or issue a new
certificate upon request by the applicant or
ex officio.
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