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Trademark Act — Article 57 (Publication of Applications)

상표법 제57조

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 an examiner fails to discover any ground for rejection of an application for trademark registration (where any ground for rejection exists with respect to part of designated goods, referring to where a decision to reject such designated goods becomes final and conclusive), he or she shall decide to publish such application: Provided, That a decision to publish an application may be omitted in any of the following cases: <Amended on Feb. 3, 2022>

1. Where the applicant divides his or her application for trademark registration officially announced into at least two applications for trademark registration pursuant to Article 45 after a certified copy of a decision to publish the application under paragraph (2) is served on the applicant, in which case the examiner fails to discover any grounds for rejection of such divisional application;

2. Where a trial decision to revoke a decision to reject trademark registration under Article 54 is made, in which case the relevant application for trademark registration has already been publicly announced and the examiner fails to discover other grounds for rejection.

(2) Where a decision under the main clause, with the exception of the subparagraphs, of paragraph (1) is made, the Commissioner of the Korean Intellectual Property Office shall serve a certified copy of such decision on the applicant and publish the application for trademark registration in the Trademark Official Gazette.

(3) The Commissioner of the Korean Intellectual Property Office shall make an application for trademark registration and accompanying documents available for public inspection at the Korean Intellectual Property Office for two months from the date of publication of the application pursuant to paragraph (2).

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