(1) Where an application for registration of the conversion of the classification of goods falls under any of the following, an examiner shall decide to reject registration of the conversion of the classification of goods against such application:
1. Where non-designated goods of the relevant registered trademark are designated as designated goods in the application for registration of the conversion of the classification of goods, or the scope of designated goods is substantially extended;
2. Where goods in the application for registration of the conversion of the classification of goods are inconsistent with the classification of the category of goods;
3. Where an applicant for registration of the conversion of the classification of goods is not the holder of the relevant registered trademark;
4. Where the application fails to satisfy requirements for an application for registration of conversion of the classification of goods under Article 209;
5. Where trademark rights are extinguished, an application to register the renewal of the duration is abandoned or withdrawn, or invalidated.
(2) An examiner shall notify an applicant of grounds for rejection in any of the following cases. In such cases, the applicant may submit his or her written opinion regarding grounds for rejection within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Oct. 19, 2021>
1. Where the examiner intends to decide to reject registration of the conversion of the classification of goods;
2. Where the examiner intends to decide to reject registration of the conversion of the classification of goods on the grounds for rejection that have already been notified before a decision to grant registration of the conversion of the classification of goods revoked upon ex officio re-examination prescribed in Article 68-2 (1) applied mutatis mutandis pursuant to Article 212.
(3) An applicant who fails to submit his or her opinion within a period under the latter part of paragraph (2) may file an application for continuance of procedures concerning registration of the conversion of the classification of goods within two months after such period expires, and may submit his or her opinion on grounds for rejection within the period.
(4) Where an examiner notifies an applicant of grounds for rejection pursuant to paragraph (2), he or she shall specify the grounds and basis for rejection for each designated goods. <Newly Inserted on Feb. 3, 2022>