How Korean Trademark Examination Works
| Point | Who | Rule |
|---|---|---|
| Refusal | Examiner | Decides to refuse registration if a listed ground applies (Article 54 of the Trademark Act). If the ground applies to part of the designated goods and services, the refusal is limited to that part (Article 54). |
| Notice of grounds | Examiner | Notifies the applicant of the grounds for refusal before deciding to refuse (Article 55(1)). |
| Written opinion | Applicant | May submit one within the period set by Ordinance of the Prime Minister (Article 55(1)). |
| Late opinion | Applicant who could not submit within that period | May request continuation of the trademark procedure and submit the opinion within 2 months from the expiry date of that period (Article 55(3)). |
| Decision to publish | Examiner | Decides on publication of the application if no grounds for refusal are found. Exceptions apply (Article 57(1)). |
| Publication | Head of MOIP | Serves a certified copy of the decision on the applicant and publishes the application in the trademark gazette (Article 57(2)). |
| Public inspection | Head of MOIP | Makes the application documents and attached documents available to the public at MOIP for 30 days from the publication date (Article 57(3)). |
| Registration decision | Examiner | Decides to register if no grounds for refusal are found (Article 68). |
Grounds for refusal
In Korean trademark examination, Article 54 lists the grounds for refusal (Article 54). They include not meeting a definition in Article 2(1), violating a treaty, and being unregistrable under the provisions named in item 3, such as Articles 33 to 35 (Article 54, items 1 to 3). Items 4 to 7 add grounds concerning collective marks, certification marks, business emblems and geographical indication collective marks (Article 54, items 4 to 7).
Notice of grounds for refusal
The examiner notifies the applicant of the grounds for refusal in advance in two cases: when intending to decide to refuse under Article 54, and when intending to decide to refuse, after ex officio re-examination under Article 68-2(1), on grounds already notified before the cancelled registration decision (Article 55(1)). The examiner states the grounds and their basis specifically for each of the designated goods and services (Article 55(2)).
When grounds affect part of the application
If grounds for refusal exist for some designated goods and services, the decision to publish or register follows once the refusal for those goods and services is final (Articles 57(1) and 68).
Omitting the decision to publish
The examiner may omit the decision to publish in certain cases involving a divided application under Article 45 or a trial decision cancelling a refusal (Article 57(1), items 1 and 2).
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Based on the Korean Trademark Act as in force on 2025-11-11. Written by Youngbong Yoo, Korean patent attorney (ESUNG IP&LAW FIRM).
This page is general information about the Korean system, not legal advice on a specific matter.