(1) Any person who uses or intends to use a trademark in the Republic of Korea may obtain registration of his or her trademark: Provided, That no employee of the Korean Intellectual Property Office or the Intellectual Property Trial and Appeal Board shall obtain registration of a trademark while he or she is in office, except by inheritance or bequest.

(2) Any corporation (in cases of a collective mark with geographical indication, limited to a corporation comprised of persons who produce, manufacture or process goods on which such geographical indication may be used) jointly incorporated by persons who produce, manufacture, process or sell goods, or provide services may obtain registration of its collective mark. <Amended on Apr. 17, 2018>

(3) Any person who may commercially certify and manage the quality, place of origin, methods of production or other characteristics of goods may obtain certification mark registration only to use it to certify that goods of others satisfy the specified quality, place of origin, methods of production, or other characteristics: Provided, That where he or she intends to use the certification mark on goods for his or her own business, he or she shall not obtain registration of the certification mark.

(4) Notwithstanding paragraph (3), no person who files an application for a trademark, collective mark or business emblem, or obtains registration thereof shall obtain registration of a mark identical or similar to such trademark, etc. as a certification mark.

(5) No person who files an application for a certification mark, or obtains registration thereof shall obtain registration of a mark identical or similar to such certification mark as a trademark, collective mark, or business emblem.

(6) Any person who engages in not-for-profit business in the Republic of Korea may obtain registration of his or her business emblem.

No non-resident foreigner shall be entitled to enjoy trademark rights or the rights relating to the trademark, except in any of the following cases:

1. Where a state to which such foreigner is a citizen recognizes trademark rights or the rights relating to the trademark owned by a citizen of the Republic of Korea on the same conditions as those of its citizen;

2. Where a state to which such foreigner belongs recognizes trademark rights or the rights relating to the trademark owned by a citizen of the Republic of Korea on the same conditions as those of its citizen, when the Republic of Korea recognizes trademark rights or the rights relating to the trademark owned by such foreigner;

3. Where trademark rights or the rights relating to the trademark is recognized in accordance with a treaty or equivalent thereto (hereinafter referred to as "treaty").