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Trademark Act — Article 41 (Amendment after Decision to Publish Application)

상표법 제41조

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) Where any applicant falls under any of the following after a certified copy of a decision to publish an application under Article 57 (2) is served, he or she may amend designated goods and the trademark to the extent that the substance of the initial application for trademark registration remains unchanged within the period prescribed in the relevant subparagraph: <Amended on Feb. 3, 2022>

1. Where he or she requests a trial under Article 116 regarding matters mentioned in grounds for a decision to reject trademark registration under Article 54 or a decision to reject registration of additional designated goods under Article 87 (1): 30 days from the date he or she requests a trial;

2. Where he or she intends to amend matters mentioned in grounds for rejection after he or she is notified of grounds for rejection under Articles 55 (1) and 87 (2): The period for submitting a written opinion on the relevant reasons for rejection;2-2. Where he or she requests a re-examination under Article 55-2: The period for requesting a re-examination;

3. Where he or she intends to amend matters mentioned in reasons for filing a formal objection when such formal objection is filed: The period for submitting a written answer under Article 66 (1).

(2) Where an amendment under paragraph (1) falls under any of the subparagraphs of Article 40 (2), the substance of an application for trademark registration shall be deemed unchanged.

(3) Where an amendment under paragraph (1) is deemed to fall outside of any of the subparagraphs of Article 40 (2) after registration and establishment of trademark rights, trademark rights shall be deemed registered and established concerning such application for trademark registration which has not been amended.

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