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 CHAPTER ¥¸
SUPPLEMENTARY PROVISIONS
Article 87 ¡¼Inspection of Documents, etc.¡½
A person who requires a certification as
to the application for trademark registration,
a certificate for trial, a certified copy or
extract of documents, inspection or copy from
the Trademark Register, or other documents may
make a request to that effect to the Commissioner
of the Korean Industrial Property Office or
the President of the Industrial Property Tribunal.
Article 88 ¡¼Prohibition of Opening or Removal
of Trademark Register and Documents
Relating to the Application
for Trademark, Registration Examination, Trial and Retrial¡½
(1) The removal of the Trademark Register
or documents relating to the application for
a trademark registration, examination, trial
or retrial shall be prohibited.
(2) An answer shall not be given to a request
for an expert opinion, testimony or an inquiry
as to the contents of a case that is in the
process of the application for trademark registration,
examination, trial or retrial or as to the contents
of a decision or ruling.
Article 89 ¡¼Trademark Gazette¡½
(1) The Korean Industrial Property Office
shall publish the Trademark Gazette.
(2) The Trademark Gazette may be published
by electronic media under the conditions as
determined by the Ordinance of the Ministry
of Commerce, Industry and Energy.
(3) In publishing the Trademark Gazette by
electronic media, the Commissioner of the Korean
Industrial Property Office shall make public
matters relating to the publication of the Trademark
Gazette, its main contents, and service by publication.
(4) Matters to be inserted in the Trademark
Gazette shall be determined by the Presidential
Decree.
Article 90 ¡¼Indication of Trademark Registration¡½
The owner of a trademark right, or an exclusive
or non-exclusive licensee, may use the indication
"Registered Trademark" on the designated
goods or their packaging.
Article 91 ¡¼Prohibition of False Indication¡½
(1) No person shall be allowed to perform
any of the following acts:
(¥¡) indicating a trademark which is not
registered or applied for a trademark registration,
on goods as if it was a registered trademark
or its registration was applied for;
(¥¢) indicating a trademark which is not
registered or applied for a trademark registration,
on advertisements, signboards, labels or packaging
of goods or other business transaction documents,
etc, as if it was a registered trademark or
its registration was applied for; or
(¥£) marking an indication that the trademark
is registered with respect to goods other than
the designated goods, or which is liable to
cause confusion, in case the registered trademark
is used on goods other than the designated goods.
(2) Acts indicating a trademark under paragraph
(1)(¥¡) and (¥¢) of this Article shall include
the goods and packaging, advertisement, signboards,
or labels which have become shapes of marks.
Article 91bis ¡¼Special Provision on a Trademark
etc. similar to Registered Trademark¡½
(1) "The registered trademark"
as referred to in Articles 50, 53, 55(3), 57(2),
62, 67(2), 73(1) (¥£) and (¥¤), 85, 90 and 91
shall include trademarks, similar to the registered
trademark, which will be deemed identical with
the registered trademark if their colors are
the same as those of the registered trademark.
(2) "A trademark similar to the registered
trademark" as referred to under subparagraph
1 of Article 66 and Article 73 (1) (¥¢) shall
not mean to include trademarks, as similar to
the registered trademark, which will be deemed
identical with the registered trademark if their
colors are the same as those of the registered
trademark.
Article 92 ¡¼Mutatis Mutandis Application
of Provisions of the Patent Law¡½
Articles 218 to 220, 222 and 224-2 of the
Patent Law shall apply mutatis mutandis to trademarks.
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