(1) Where an amendment under Articles 40 and 41 falls outside of any of the subparagraphs of Article 40 (2), an examiner shall dismiss such amendment by decision.
(2) Where an examiner makes a decision to dismiss under paragraph (1), he or she shall not decide on whether to grant trademark registration concerning an application for trademark registration until the expiry of the period for requesting a trial against a decision to dismiss an amendment under Article 115; and where a decision to dismiss is made under paragraph (1) before publication of the application is decided, he or she shall decide not to publish the application as well. <Amended on Oct. 19, 2021>
(3) Where an applicant requests a trial against a decision to dismiss under paragraph (1) pursuant to Article 115, an examiner shall suspend the examination of such application for trademark registration until a trial decision becomes final and conclusive.
(4) A decision to dismiss under paragraph (1) shall be made in writing, and reasons therefor shall be specified.
(5) No decision of dismissal (limited to a decision to dismiss an amendment under Article 41) under paragraph (1) shall be appealed: Provided, That the foregoing shall not apply where an applicant requests a trial against a decision to dismiss under Article 116.