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Trademark Act — Article 55-2 (Request for Re-Examination)

상표법 제55조의2

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) A person subject to a decision to reject trademark registration under Article 54 may request a re-examination of the relevant application for trademark registration after amending the designated goods or trademark within three months (where the period prescribed in Article 116 is extended pursuant to Article 17 (1), referring to the extended period) from the date a certified copy of such decision is served: Provided, That the foregoing shall not apply where a decision to reject trademark registration has already been made following a re-examination or a trial is requested under Article 116 when a re-examination is requested.

(2) An applicant may submit a written opinion when requesting a re-examination under paragraph (1).

(3) Where a re-examination is requested under paragraph (1), the previous decision to reject trademark registration made with regard to the relevant application for trademark registration shall be deemed revoked: Provided, That the foregoing shall not apply where the procedures for requesting a re-examination are invalidated under Article 18 (1).

(4) No request for a re-examination filed under paragraph (1) shall be withdrawn.[This Article Newly Inserted on Feb. 3, 2022]

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