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KOREAN TRADEMARK : REFUSAL AND APPEAL
Notification of provisional refusal
In the event that the trademark registration application is included in the grounds for rejection, the grounds for rejection are informed in writing and the opportunity to submit the argument is granted for a specified period of time.
Written opinions/amendments
An applicant may reconcile the grounds for rejection by submitting evidence or opinions in support of their argument within the predetermined period, or by submitting an amendment to delete the designated trademark infringing on the cited trademark.
Decision of refusal
In the event that the examiner finds grounds for rejection stated in the Trademark Act and informs the applicant by submitting the written opinion, but the applicant does not amend the grounds for rejection, the examiner may decide to reject the application.
Intellectual Property Tribunal
In the event an applicant receives and objects to a decision of rejection which is relevant to the trademark registration, additional registration of the designated products, and registration of trademark classification transformation, he/she can appeal to the Intellectual Property Tribunal within thirty days from the date of delivery of the certified copy of the decision of rejection.
Patent Court
The patent court decides upon actions against a trial decision of the Intellectual Property Tribunal and actions for cancellation of trial decisions of the Species Protection Appeals Committee in the Ministry of Agriculture and Forestry. The representative patent litigations of the patent court include appeals of trial decisions of the Intellectual Property Tribunal on the grounds for rejection, patent invalidation, trademark registration cancellation, and request for trials.
Supreme Court
The Supreme Court of Korea, the highest institution of the judicial branch, delivers the final ruling of a trial unless a new trial is applied for.
Read more about Korean Patent here :
Korean Trademark System
What is a Korean Trademark?
Neighboring Concepts of a Korean Trademark
Information on Trademark Applications in Korea
Korean Trademark Right
Application Procedure for Trademark in Korea
Filing Requirements
Examination
Publication and Opposition
Registration and Renewal
Refusal and Appeal
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