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Trademark Act — Article 59 (Ex Officio Amendment)

상표법 제59조

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 matter mentioned in a written application for trademark registration is clearly incorrect when an examiner decides to publish an application under Article 57, he or she may make any amendments ex officio (hereinafter referred to as "ex officio amendment"). In such cases, the ex officio amendment shall be made within the scope specified in Article 40 (2). <Amended on Oct. 31, 2023>

(2) In order for an examiner to make ex officio amendments pursuant to paragraph (1), he or she shall notify the applicant of such ex officio amendments along with a certified copy of a decision to publish an application served under Article 57 (2).

(3) Where an applicant cannot accept all or some of the ex officio amendments, he or she shall submit his or her written opinion thereon to the Commissioner of the Korean Intellectual Property Office within a period under Article 57 (3).

(4) Where an applicant submits his or her written opinion pursuant to paragraph (3), all or some of the ex officio amendments shall be deemed never to have existed. In such cases, a decision to publish such application shall be deemed revoked simultaneously.

(5) Where an ex officio amendment exceeds the scope specified in Article 40 (2) or any matter which is not evidently wrong is amended ex officio, such ex officio amendment shall be deemed never to have existed. <Newly Inserted on Oct. 31, 2023>

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