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Trademark Act — Article 126 (Methods of Request for Trial against Decision to Dismiss Amendments)

상표법 제126조

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 intends to request a trial against a decision to dismiss an amendment under Article 115 or on a decision to reject under Article 116 shall submit a written request for a trial stating the following, to the President of the Intellectual Property Trial and Appeal Board:

1. Name and address of the requester (in cases of a corporation, referring to its name and the seat of its place of business);

2. Where the requester has appointed an agent, the name and address of his or her agent or the seat of the place of business of his or her agent (where his or her agent is a patent corporation or patent corporation (with limited liability), referring to its name, the seat of its office and the name of a designated patent attorney);

3. The filing date of the application and the application number;

4. Designated goods and the category of designated goods;

5. The date of decision to reject or the date of decision to dismiss an amendment made by an examiner;

6. Indication of the case at trial;

7. Purpose of and grounds for the request.

(2) Where a person makes an amendment to a written request for a trial submitted pursuant to paragraph (1), he or she shall not amend the purpose thereof: Provided, That in any of the following cases, the foregoing shall not apply:

1. Where he or she makes an amendment (including an addition) to correct items mentioned by a requester under paragraph (1) 1;

2. Where he or she makes an amendment to grounds for request under paragraph (1) 7.

(3) Where a person requests a trial against a decision to reject under Article 116, the President of the Intellectual Property Trial and Appeal Board shall notify a person who has filed a formal objection of the purpose of such decision to reject when the decision to make the rejection is made due to a formal objection.

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Korean original (law.go.kr) · Get articles as JSON via API

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