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Trademark Act — Article 66 (Decision on Formal Objection)

상표법 제66조

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 a formal objection is raised, the chief examiner shall serve a duplicate copy of a formal objection on an applicant, and provide him or her with an opportunity to submit a written answer within a fixed period.

(2) A collegial body of examiners shall decide on a formal objection after the period for raising a formal objection under paragraph (1) and Article 60 (1) expires.

(3) A decision on a formal objection shall be made in writing, and grounds therefor shall be specified. In such cases, where grounds for a decision on at least two designated goods are mutually different, grounds for the decision on each of the designated goods shall be specified.

(4) Where a person who raises a formal objection fails to submit grounds for the formal objection or evidence within the period for raising the formal objection under Article 60 (1), notwithstanding paragraph (1), a collegial body of examiners may dismiss the formal objection by decision after the period under Article 61 expires. In such cases, it shall serve a certified copy of such decision on the person who has raised the formal objection.

(5) Where a decision under paragraph (2) is made, the Commissioner of the Korean Intellectual Property Office shall serve a certified copy of such decision on an applicant and a person who has raised a formal objection.

(6) An applicant and a person who has raised a formal objection may appeal a decision under paragraphs (2) and (4) according to any of the following methods:

1. Applicant: Request for a trial under Article 116;

2. Person who has raised a formal objection: Request for a trial to invalidate trademark registration under Article 117.

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