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Trademark Act — Article 55 (Notification of Grounds for Rejection)

상표법 제55조

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) An examiner shall pre-notify an applicant of grounds for rejection (referring to grounds provided in any of the subparagraphs of Article 54; hereinafter referred to as "grounds for rejection") in any of the following cases. In such cases, the applicant may submit a written opinion about grounds for rejection within a 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 trademark registration under Article 54;

2. Where the examiner intends to decide to reject trademark registration on the grounds for rejection that have already been notified before a decision to grant trademark registration revoked upon ex officio re-examination prescribed in Article 68-2 (1).

(2) Where an examiner notifies an applicant of grounds for rejection pursuant to paragraph (1), he or she shall specify the grounds and basis for rejection of each of the designated goods.

(3) An applicant who fails to submit a written opinion within a period under the latter part of paragraph (1) may apply for continuing trademark-related procedures and submit a written opinion addressing the grounds for rejection within two months from the expiration date of such period.

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