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Trademark Act — Article 40 (Amendment before Decision to Publish Application)

상표법 제40조

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 applicant may amend items mentioned in an application for trademark registration, designated goods concerning an application for trademark registration, and a trademark to the extent that the substance of the initial application for trademark registration remains unchanged until the following time: <Amended on Feb. 3, 2022>

1. Where a re-examination is requested under Article 55-2: The period for requesting a re-examination;1-2. Where a decision to publish an application under Article 57 is made: Until the application is published;

2. Where no decision to publish an application under Article 57 is made: Until a decision to reject trademark registration under Article 54 is made;

3. Where a trial against a decision to reject under Article 116 is requested: Within 30 days from the date of such request;

4. Where examination regulations are applied mutatis mutandis to a trial against a decision to reject pursuant to Article 123: The period for submitting a written opinion under Article 55 (1) or (3) or 87 (2) or (3).

(2) Where an amendment made under paragraph (1) falls under any of the following, the substance of the relevant application for trademark registration shall be deemed unchanged:

1. Reduction of the scope of designated goods;

2. Correction of written errors;

3. Clarification of ambiguous statements;

4. Omission of supplemental portion of the trademark;

5. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as explanation concerning the mark under Article 36 (2).

(3) Where an amendment made under paragraph (1) is not deemed to fall under paragraph (2) after the establishment and registration of trademark rights, an application for such trademark registration shall be deemed filed at the time a written amendment is submitted.

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