(1) Where an examiner discovers any obvious ground for rejection of an application for which a decision to grant trademark registration is made, he or she may revoke such decision ex officio and re-examine the application (hereinafter referred to as "ex officio re-examination"): Provided, That the foregoing shall not apply in any of the following cases:
1. Where the ground for rejection falls under Article 38 (1);
2. Where trademark rights are established and registered following the decision to grant trademark registration;
3. Where the application for trademark registration is withdrawn or abandoned.
(2) When an examiner intends to conduct an ex officio re-examination under paragraph (1), he or she shall notify the relevant applicant that he or she revokes the decision to grant trademark registration.
(3) Where an application for trademark registration falls under paragraph (1) 2 or 3 before the applicant is notified under paragraph (2), the decision to grant trademark registration shall be deemed never to have been revoked.[This Article Newly Inserted on Oct. 19, 2021]