(1) Where an application for registration of additional designated goods falls under any of the following, an examiner shall decide to reject registration of such additional designated goods. In such cases, where some of designated goods in the application for registration of additional designated goods fall under any of the following, a decision to reject registration of additional designated goods shall be made only for such designated goods: <Amended on Feb. 3, 2022>
1. Where such application falls under any of the subparagraphs of Article 54;
2. Where an applicant for registration of additional designated goods is not the relevant trademark right holder or the relevant applicant thereof;
3. Where trademark rights of the registered trademark or an application for trademark registration fall(s) under any of the following:(a) Extinguishment of trademark rights;(b) Abandonment, withdrawal or invalidation of an application for trademark registration;(c) Final and conclusive decision to reject trademark registration under Article 54 in relation to an application for trademark registration.
(2) An examiner shall notify an applicant of grounds for rejection in any of the following cases. In such cases, the applicant may submit a written opinion on the 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 registration of additional designated goods under paragraph (1);
2. Where the examiner intends to decide to reject registration of additional designated goods on the grounds for rejection that have already been notified before a decision to grant registration of additional designated goods revoked upon ex officio re-examination prescribed in Article 68-2 (1) applicable mutatis mutandis in Article 88 (2).
(3) An applicant who fails to submit a written opinion within a period under the latter part of paragraph (2) may request an examiner to proceed with procedures for registration of additional designated goods within two months from the expiration date of such period; and may submit a written opinion about grounds for rejection within the period.
(4) Where an examiner notifies an applicant of grounds for rejection pursuant to paragraph (2), he or she shall specify the grounds and basis for rejection for each designated goods. <Newly Inserted on Feb. 3, 2022>