How do I respond to a trademark office action in Korea?

Jonghwan Choi, Managing Partner · Published 13 November 2026

Last verified 9 October 2026

Time limits and official fees for the response at a glance

As of October 2026. Official fees are the amounts for an electronic application. For applications filed before 1 August 2023, the basis for the additional fees in the amendment fee and the trial request fee is different. The transitional measure for the fee for request for re-examination is stated in the section on re-examination, in the wording of the Addenda. A request for re-examination is available only for applications filed on or after 4 February 2023.

The application-related official fees in Art. 5(1) of the Fee Regulation contain no fee item for the submission of a written opinion. [3]

A trademark office action is the notification of grounds for rejection under Art. 55 of the Trademark Act

An examiner who intends to make a decision to reject trademark registration (상표등록거절결정) must notify the applicant of the grounds for rejection in advance (Trademark Act, Art. 55(1), subparagraph 1). [1] Grounds for rejection are the grounds that fall under any of the subparagraphs of Art. 54 of the Trademark Act. [1] The name in the Act is notification of grounds for rejection (거절이유통지), and the Handling Regulations (Arts. 63-2(3) and 66(6)) and the Trademark Examination Guidelines (상표심사기준) also call this notification 의견제출통지 (office action). [5][7]

When notifying grounds for rejection, the examiner must state the grounds and the basis for rejection specifically for each of the designated goods (Trademark Act, Art. 55(2)). [1] Art. 28(1) of the Handling Regulations requires the examiner to state all the grounds for rejection that have been found in the notification. [5] The exception is where the content of the application is unclear and it is difficult to proceed with substantive examination (proviso of the same paragraph). [5]

There may be more than one notification. If the examiner finds a new ground for rejection after the notification, the examiner notifies the additional ground for rejection and also states whether the earlier grounds for rejection have been resolved (Handling Regulations, Art. 28(3)). [5] The examiner can also make a decision to reject trademark registration ex officio where a ground for rejection is found after publication of the application (Trademark Act, Art. 67(1)). [1] The grounds for rejection must also be notified where a decision to grant trademark registration (decision to register a trademark) has been revoked upon ex officio re-examination and the examiner intends to make a decision to reject on grounds for rejection that were already notified (Trademark Act, Art. 55(1), subparagraph 2). [1] Subparagraph 2 applies to trademark applications (applications for trademark registration) filed on or after 20 April 2022 (Act No. 18502, Addenda, Art. 5). [1]

An order to amend for a formality defect is a different procedure from the notification of grounds for rejection. The Minister of Intellectual Property (지식재산처장) must order an amendment within a fixed period where a trademark-related procedure falls under any of the subparagraphs of Art. 39 of the Trademark Act. Examples are where a fee has not been paid and where a formality is violated (subparagraphs 2 and 3 of the same Article). [1] This period is not more than 1 month (Enforcement Rules, Art. 32(1)). [2] If the person who received the order to amend does not amend within the designated period, the Minister of Intellectual Property can invalidate the procedure (Trademark Act, Art. 18(1)). [1]

The period for submitting a written opinion is up to 2 months and can be extended up to 4 times by 1 month each

The applicant can submit a written opinion on the grounds for rejection within a period prescribed by Prime Ministerial Decree (Trademark Act, Art. 55(1), latter part). [1] This period is a period set by the examiner, up to 2 months (Enforcement Rules, Art. 50(2)). [2]

Where an examiner has set a period for a trademark-related procedure, the examiner can shorten or extend that period at the request of the applicant or the agent (Trademark Act, Art. 17(2)). [1] Art. 13(2) of the Handling Regulations provides that this designated period can be extended by 1 month each time, up to 4 times in total. [5] 2 or more extensions can also be requested at once (paragraph (3) of the same Article). [5]

An extension must be requested within the period. There are three requirements for approval. The request for extension of the period must be submitted within the designated period or the extended period, the period requested must not exceed 1 month each time, and the fee must be paid. In that case the extension is regarded as approved when the request is received (Handling Regulations, Art. 13(4)). [5] A request for extension of the period that is submitted after the period designated by the examiner has passed is returned (Enforcement Rules, Art. 25(1), subparagraph 7 (c)). [2]

The start date of the extended period is the day after the designated period expires. The extended period expires on the day before the day in the following month that corresponds to the start date (Handling Regulations, Art. 13(6)). [5] If the last day of a period is a public holiday, the period expires on the following day. Public holidays here include Saturdays and Workers’ Day (노동절) (Trademark Act, Art. 16, subparagraph 4). [1]

The fee for a request for extension of a designated period becomes larger for each later month of extension. Within the extended period, the part up to 1 month costs KRW 20,000 and the part over 1 month and up to 2 months costs KRW 30,000. The part over 2 months and up to 3 months costs KRW 60,000, and the part over 3 months and up to 4 months costs KRW 120,000 (Fee Regulation, Art. 5(1), subparagraph 10-2). [3]

The period can also be shortened. If the applicant submits a request for shortening of the designated period, the designated period is regarded as having expired on the date of that submission. The same applies where the applicant submits a written amendment and states in it that the period is to be shortened (Handling Regulations, Art. 13(8)). [5]

If the period is missed, the applicant can apply for continuing trademark-related procedures within 2 months from the expiration date

There is relief for an applicant who did not submit a written opinion within the period for submitting a written opinion. This applicant can apply for continuing trademark-related procedures and submit a written opinion within 2 months from the expiration date of that period (Trademark Act, Art. 55(3)). [1] Art. 55(3) of the Trademark Act does not state the reason for not keeping the period as a requirement. [1] The Trademark Examination Guidelines also state that any reason is accepted. [7] The fee for an application for continuing trademark-related procedures is KRW 40,000 per case (Fee Regulation, Art. 5(1), subparagraph 13). [3]

The Trademark Examination Guidelines take the view that an applicant who has extended the period can also apply for continuing trademark-related procedures within 2 months from the expiration date of the extended period. [7] The written opinion can be submitted on the same day as the written application for continuing trademark-related procedures or on a different day. However, the time limit for the written opinion is also within 2 months from the expiration date of the period for submitting a written opinion. [7] The Trademark Examination Guidelines state that, where the written opinion is submitted first, it is accepted only when the written application for continuing trademark-related procedures is received together with it (Part 1, Chapter 4, 4.3.4). [7]

What an application for continuing trademark-related procedures revives is the opportunity to submit a written opinion. Part 1, Chapter 4, 4.2 of the Trademark Examination Guidelines states that the system of continuing trademark-related procedures does not apply to the submission of a written amendment, which follows the times set in Art. 40 and Art. 41 of the Trademark Act. [7] For an applicant who receives a notification of grounds for rejection after the decision to publish the application, the period for amendment is, in the wording of Art. 41(1), subparagraph 2 of the Trademark Act, “the period for submitting a written opinion on the relevant grounds for rejection”. [1] Part 3, Chapter 1, 3.2.3 of the Trademark Examination Guidelines describes this period as “within the period for submitting a written opinion (extended by 2 months upon an application for continuing trademark-related procedures)”. [7] The two passages of the Trademark Examination Guidelines are worded differently. The times at which amendment is possible are set out in the section below.

The time at which the examiner processes the application is also set by reference to this period. An application for which no written opinion is submitted is, in principle, processed within 1 month after the 2-month period for applying for continuing trademark-related procedures has passed (Handling Regulations, Art. 27(2)). [5] An application for which a written opinion is submitted within the period is, in principle, processed within 2 months from the date on which the written opinion or the written amendment is transferred to the examiner (paragraph (1) of the same Article). [5]

The means of response are a written opinion, an amendment, and a divisional application

Written opinion

The written opinion is submitted on Form No. 2 attached to the Enforcement Rules, together with documents proving the content of the opinion (Enforcement Rules, Art. 50(3)). [2] Where an agent takes the procedure, a document verifying the agency authority is also attached. [2]

For a ground for rejection under Art. 34(1), subparagraph 7 of the Trademark Act, the consent of the other person is a means of response. This subparagraph covers a trademark that is identical or similar to a registered trademark of another person based on first to file and is used on goods identical or similar to its designated goods. A registered collective mark with geographical indication (collective mark for a geographical indication) is excluded from the registered trademarks of this subparagraph. [1] Where consent to the trademark registration has been obtained from that other person, the trademark can be registered. A trademark that is the same trademark and is used on goods identical to the designated goods is excluded (proviso of the same subparagraph). [1] This proviso also applies to a trademark application filed before 1 May 2024 where the decision on whether to grant trademark registration is made on or after that date (Act No. 19809, Addenda, Arts. 1 and 2). [1] An applicant who has obtained consent attaches a document that can prove the consent to the written opinion and submits it (Enforcement Rules, Art. 26-2(1), subparagraph 1 (a)). [2] Details are in “Does Korea accept letters of consent for similar marks?“.

For a ground for rejection for lack of distinctiveness (Trademark Act, Art. 33(1), subparagraphs 3 to 7), a claim of acquired distinctiveness through use (secondary meaning) is a means of response (paragraph (2) of the same Article). [1] Details are in “When is a mark rejected for lack of distinctiveness in Korea?” and “How is acquired distinctiveness proved in Korea?“.

An interview with the examiner can also be requested. The examiner can hold an interview in person or by video where the applicant or the agent requests it and the case is one of the prescribed cases (Handling Regulations, Art. 66(1)). [5] One of them is where the interview is to make clear the grounds for rejection in the notification of grounds for rejection (subparagraph 1 of the same paragraph). [5]

Amendment

The applicant can amend to the extent that the substance of the initial trademark application is not changed (Trademark Act, Art. 40(1), Art. 41(1)). [1] Art. 40(2) of the Trademark Act sets out, in five subparagraphs, the amendments that are deemed not to change the substance. [1]

The matters prescribed by Prime Ministerial Decree under subparagraph 5 are in Art. 33 of the Enforcement Rules. They include the case where a comprehensive name is subdivided into specific names included in that name (subparagraph 4 of the same Article). [2] The same applies to the case where a document that can prove the consent to trademark registration is submitted or revised (subparagraph 5 of the same Article). [2]

The time at which amendment is possible differs before and after the decision to publish the application.

The examiner must dismiss an amendment by decision if it does not fall under any of the subparagraphs of Art. 40(2) of the Trademark Act (Trademark Act, Art. 42(1)). [1] A person who has received a decision to dismiss the amendment (decision to reject an amendment) can request a trial within 3 months from the date on which the certified copy of that decision is served (Trademark Act, Art. 115). [1] However, a decision to dismiss an amendment under Art. 41 of the Trademark Act, that is, an amendment after the decision to publish the application, cannot be appealed. This does not apply where an appeal against the decision to reject is requested (Trademark Act, Art. 42(5)). [1]

The written amendment is submitted on Form No. 5 attached to the Enforcement Rules (Enforcement Rules, Art. 32(2)). [2] The amendment fee for amending the classification of goods or the designated goods is KRW 4,000 per case for an electronic application. If the classes after the amendment are more than before the amendment, KRW 52,000 is added for each class in excess. If the designated goods in 1 class exceed 10 after the amendment, KRW 2,000 is added for each designated good in excess (Fee Regulation, Art. 5(1), subparagraph 6 (a)). [3] Where the amendment is made to an application that is subject to the additional fee for designated goods, KRW 2,000 is added for each of the goods by which the goods subject to the additional fee have increased compared with before the amendment (proviso of the same item). [3] The other amendment fees are also KRW 4,000 per case for an electronic application (subparagraph 7 of the same paragraph). [3]

Where the trademark application was filed before 1 August 2023, the previous provisions of Art. 5(1), subparagraph 6 apply (Ordinance of the Ministry of Trade, Industry and Energy No. 517, Addenda, Art. 5(1)). [3] Art. 5(1) of these Addenda also lists the amended provisions on the application fee (subparagraph 1) and the fee for request for re-examination (subparagraph 7-2). [3] Under the previous provisions, the additional fee for designated goods applied to designated goods in excess of 20 in 1 class. Under the previous provisions, the additional fee where the classes increased was KRW 62,000 for each class for an electronic application (Ordinance of the Ministry of Trade, Industry and Energy No. 499, Art. 5(1), subparagraph 6 (a)). [4]

Divisional application

An applicant who has designated two or more goods as designated goods can divide the application within the periods set in the subparagraphs of Art. 40(1) and the subparagraphs of Art. 41(1) of the Trademark Act (Trademark Act, Art. 45(1)). [1] A divisional application is deemed filed at the time the initial trademark application was filed (main clause of paragraph (2) of the same Article). [1] Where a ground for rejection exists only for some classes or some designated goods, the examiner also states in the notification that an amendment deleting them or a divisional application is possible (Handling Regulations, Art. 28(2)). [5]

The divisional application fee is an amount equal to the filing fee for a new application. In cases such as where a multi-class application is divided only by class without any change to the designated goods, it is KRW 10,000 for each application resulting from the division (Fee Regulation, Art. 5(1), subparagraph 3). [3]

The decision to reject is made only for the designated goods that still have grounds for rejection

Where some of the designated goods of a trademark application fall under a ground for rejection, the examiner must make a decision to reject trademark registration only for those designated goods (Trademark Act, Art. 54, latter part). [1] The Trademark Examination Guidelines state that designated goods without grounds for rejection can now be registered even if the applicant does not respond to the notification. [7]

The decision to publish the application for the remaining designated goods comes after that. Where grounds for rejection exist for some of the designated goods, the decision to publish the application is made when the decision to reject for those designated goods has become final and conclusive (Trademark Act, Art. 57(1)). [1] Art. 27(7) of the Handling Regulations requires examination of the remaining designated goods to be processed within 1 month from the date on which the decision of partial rejection becomes final and conclusive. [5]

A decision to reject for some of the designated goods applies to trademark applications filed on or after 4 February 2023 (Act No. 18817, Addenda, Arts. 1 and 3). [1] Before that, Art. 54 of the Trademark Act had no latter part providing that a decision to reject is made only for some of the designated goods. [8]

In some cases one more notice comes before the decision to reject. This is where the applicant has submitted a written opinion or a written amendment but, through a mistake, an error or the like, has not resolved a ground for rejection that could well be overcome. In this case the examiner sets a period of not more than 1 month and issues an advance notice of a decision to reject (거절결정예고통지) (Handling Regulations, Art. 37(7)). [5] Paragraphs (2) to (6) of Art. 13 on extension do not apply to this period of not more than 1 month (latter part of the same paragraph). [5]

After a decision to reject, the applicant chooses between a request for re-examination and an appeal within 3 months

Request for re-examination

A person who has received a decision to reject trademark registration can request re-examination, with an amendment to the designated goods or the trademark, within 3 months from the date on which the certified copy of that decision is served (Trademark Act, Art. 55-2(1), main clause). [1] Re-examination cannot be requested where, at the time of the request, a decision to reject following re-examination has already been made or an appeal against the decision to reject has been requested (proviso of the same paragraph). [1]

The applicant can submit a written opinion together with the request for re-examination (Trademark Act, Art. 55-2(2)). [1] When re-examination is requested, the previous decision to reject trademark registration is deemed revoked (main clause of paragraph (3) of the same Article). [1] A request for re-examination cannot be withdrawn (paragraph (4) of the same Article). [1]

Re-examination is requested by submitting the written amendment (supplement) on Form No. 5 attached to the Enforcement Rules (Enforcement Rules, Art. 50-2(1)). [2] The fee for request for re-examination is, for an electronic application, KRW 20,000 for each 1 class that is subject to the request for re-examination (Fee Regulation, Art. 5(1), subparagraph 7-2 (a)). [3] The class here means a class to which the designated goods covered by the decision to reject belong. [3] An additional fee applies if the amendment increases the classes or the designated goods in excess of 10 (proviso of the same item). [3] The fee for request for re-examination also has a transitional measure. Art. 5(1) of the Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517 states that, where before 1 August 2023 “a trademark application or an application for registration of additional designated goods was filed or re-examination was requested”, the previous provisions apply notwithstanding the amended provisions of Art. 5(1), subparagraphs 1, 6 and 7-2. [3] This paragraph does not state separately whether the reference point for subparagraph 7-2 is the filing date or the date on which re-examination was requested. [3] Under the previous provisions, the additional fee for designated goods applied to designated goods in excess of 20, and the additional fee where the classes increased was KRW 62,000 for an electronic application (Ordinance of the Ministry of Trade, Industry and Energy No. 499, Art. 5(1), subparagraph 7-2). [4]

The request for re-examination applies to trademark applications filed on or after 4 February 2023 (Act No. 18817, Addenda, Arts. 1 and 2). [1]

Appeal against the decision to reject

A person who has received a decision to reject and contests it can request an appeal within 3 months from the date on which the certified copy of the decision to reject is served. The appeal can be requested for all or part of the designated goods covered by the decision to reject (Trademark Act, Art. 116). [1] This amended provision on “all or part” applies to trademark applications filed on or after 4 February 2023 (Act No. 18817, Addenda, Art. 3). [1]

The Minister of Intellectual Property can, upon request or ex officio, extend the period for requesting this appeal once by not more than 30 days (Trademark Act, Art. 17(1), subparagraph 3). [1] A person in an area with poor access to transport, such as an island or a remote area, can obtain 1 additional extension of not more than 30 days (proviso of the same paragraph; Enforcement Rules, Art. 7). [1][2] If the period for requesting the appeal is extended, the period for requesting re-examination also becomes that extended period (parenthesis in the main clause of Art. 55-2(1) of the Trademark Act). [1]

The trial request fee for an appeal against the decision to reject is, for an electronic application, KRW 240,000 for each 1 class for which there is directly a ground for the request for trial. If the designated goods of that class exceed 10, KRW 2,000 is added for each designated good in excess (Fee Regulation, Art. 5(3), subparagraph 1 (a)). [3] Where the trademark application was filed before 1 August 2023, the previous provisions apply (Ordinance of the Ministry of Trade, Industry and Energy No. 517, Addenda, Art. 5(3)). [3] Under the previous provisions, the additional fee applied to designated goods in excess of 20. [4]

Madrid designations have fewer means of relief

An international application that has been internationally registered under the Madrid Protocol and designates the Republic of Korea is deemed a trademark application under the Trademark Act (Trademark Act, Art. 180(1)). [1] The following special provisions apply to this application for international trademark registration.

For an application for international trademark registration, the date of the international registration is deemed the filing date of the trademark application under the Trademark Act. Where the Republic of Korea was designated by subsequent designation, the date of the subsequent designation is deemed the filing date of the trademark application (Trademark Act, Art. 180(2)). [1] Art. 3 of the Addenda to Act No. 18817, which is the applicability provision for the decision to reject for some of the designated goods and for the appeal against the decision to reject, also lists the amended provisions of Art. 191 and Art. 193(1), which are special provisions for applications for international trademark registration. [1]

The period for submitting a written opinion for an application for international trademark registration is also up to 2 months (International Handling Regulations, Art. 24(1)). [6] The examiner prepares the notification of provisional refusal in English and sends it to the International Bureau. Where the applicant has appointed an agent with an address in Korea, the agent is also notified (Art. 19(7) of the same Regulations). [6]

An application for international trademark registration can also be divided. Art. 187 of the Trademark Act excludes only Art. 45(4) of the Trademark Act from application to applications for international trademark registration. [1] Before the amendment in force from 1 May 2024 (Act No. 19809), Art. 187 excluded the whole of Art. 45. [9] The Addenda to Act No. 19809 contain no applicability provision for Art. 187. [1] A person who intends to divide must submit the Request for Division of an International Trademark on Form No. 41 attached to the Enforcement Rules and must also amend the application for international trademark registration to be divided (Enforcement Rules, Art. 88-2). [2] Art. 19(5) of the International Handling Regulations still contains a sentence requiring notification that a divisional application is not allowed. [6] The Trademark Act and the Enforcement Rules come first.

An appeal against the decision to reject is also available for an application for international trademark registration. In an appeal against the decision to reject an application for international trademark registration, there is no additional fee for designated goods in excess of 10 (Fee Regulation, Art. 5(3), subparagraph 1 (a) 1), proviso, and (b) 1), proviso). [3] This proviso was introduced by the amendment in force from 27 February 2026 (Prime Ministerial Decree No. 2098), and its Addenda contain only the enforcement date. [3] Where the examiner serves the certified copy of the decision on whether to grant trademark registration through the International Bureau, the certified copy is deemed served on the date on which it is sent to the International Bureau (Trademark Act, Art. 193-3, Art. 220(3)). [1] Art. 193-3 of the Trademark Act excludes from its scope “cases falling under the latter part of the part of Art. 54 with the exception of the subparagraphs”. The latter part of Art. 54 is the decision to reject that is made only for some of the designated goods. [1] The method of service in that case is not stated in Art. 193-3. [1] Art. 193-3 of the Trademark Act applies to applications for international trademark registration for which the decision on whether to grant trademark registration is made on or after 1 May 2024 (Act No. 19809, Addenda, Arts. 1 and 7). [1]

A person with no domicile or place of business in Korea (non-resident (overseas resident), 재외자) can take trademark-related procedures only through a trademark manager (상표관리인). The case where the non-resident is staying in Korea is an exception (Trademark Act, Art. 6(1)). [1] Documents that a non-resident submits without going through a trademark manager are returned (Enforcement Rules, Art. 25(1), subparagraph 12). [2] The differences between a direct application and a Madrid application are in “Should I file in Korea directly or through the Madrid system?“.

Example: schedule and official fees

This is an assumed case. It is a trademark application filed directly with the Ministry of Intellectual Property (지식재산처, MOIP), and the period for submitting a written opinion set by the examiner expires on 15 December 2026 (Tuesday). The application was filed on or after 1 August 2023, and all documents are submitted electronically.

The extended period has 16 December 2026 as its start date and expires on the 15th of the following month (Handling Regulations, Art. 13(6)). [5] The 2 months for applying for continuing trademark-related procedures do not count the expiration date, 15 December 2026, and end on 15 February 2027 (Trademark Act, Art. 16, subparagraphs 1 and 3). [1] None of the dates above is a Saturday or a Sunday.

Assume that, in the same application, the designated goods in 2 classes received a decision to reject and the certified copy was served on 2 March 2027. The time limit for both the request for re-examination and the appeal is 2 June 2027 (Trademark Act, Art. 55-2(1), Art. 116). [1] If the amendment does not give rise to an additional fee, the fee for request for re-examination is KRW 40,000. [3] If there is a ground for the request for trial in both of the 2 classes and each class has 10 or fewer designated goods, the trial request fee is KRW 480,000. [3]

What applicants should do

• On receiving the notification, first identify the expiration date of the period for submitting a written opinion, the designated goods affected by the grounds for rejection, and the Articles relied on. The grounds for rejection are stated for each of the designated goods.
• If the grounds for rejection exist only for some of the designated goods, compare the results of an amendment deleting them, a divisional application, and receiving a decision to reject. Publication of the application for the designated goods without grounds for rejection comes after the decision to reject for some of the designated goods has become final and conclusive.
• Request extensions for as many months as needed. The fee for the 4th month of extension is KRW 120,000, six times the fee for the first 1 month.
• We suggest not counting the application for continuing trademark-related procedures as spare time in the schedule. Art. 41(1), subparagraph 2 of the Trademark Act states the period for amendment after the decision to publish the application as “the period for submitting a written opinion on the relevant grounds for rejection”.
• For a Madrid designation, appoint a Korean agent as soon as the notification is received. There is no application for continuing trademark-related procedures and no re-examination, and the trademark cannot be amended.
• On receiving a decision to reject, first check whether the ground for rejection can be resolved by amending the designated goods. A request for re-examination cannot be withdrawn, and it cannot be requested again after a decision to reject following re-examination.

Please confirm the response in an individual case with your agent.

FAQ

How many months is the period for submitting a written opinion?

It is a period set by the examiner, up to 2 months (Enforcement Rules, Art. 50(2)). This period can be extended by 1 month each time, up to 4 times in total (Handling Regulations, Art. 13(2)). For an application for international trademark registration, extension is in principle limited to 2 times (International Handling Regulations, Art. 24(2)).

Is the whole application rejected if I do not answer the office action?

A trademark application filed on or after 4 February 2023 receives a decision to reject only for the designated goods that have grounds for rejection (Trademark Act, Art. 54, latter part; Act No. 18817, Addenda, Art. 3). The remaining designated goods receive a decision to publish the application after that decision to reject has become final and conclusive (Trademark Act, Art. 57(1)).

I missed the period. Is there anything I can do?

You can apply for continuing trademark-related procedures and submit a written opinion within 2 months from the expiration date of the period for submitting a written opinion (Trademark Act, Art. 55(3)). The fee for an application for continuing trademark-related procedures is KRW 40,000 per case. This provision does not apply to applications for international trademark registration (Trademark Act, Art. 190(2)).

Can the trademark itself be changed in a Madrid designation?

No. What can be amended in an application for international trademark registration is the designated goods (Trademark Act, Art. 185(1) and (4)). Amendment before the decision to publish the application is limited to where a notification of grounds for rejection has been received (paragraph (1) of the same Article).

After a decision to reject, should I request re-examination or an appeal?

Both are requested within 3 months from the date on which the certified copy of the decision to reject is served (Trademark Act, Art. 55-2(1), Art. 116). Re-examination is a procedure requested with an amendment to the designated goods or the trademark, and re-examination cannot be requested once an appeal has been requested. Re-examination does not apply to applications for international trademark registration (Trademark Act, Art. 193-2).

How DEFINE IP Law Firm handles this

When an office action is received, DEFINE IP Law Firm sets out the period for submitting a written opinion, the designated goods affected by the grounds for rejection, and the Articles relied on, and reports them to the applicant. We decide which route to take among a written opinion, an amendment, and a divisional application after confirming with the applicant which designated goods are to be kept. For questions about responding to a trademark office action in Korea, please write to contact@defineip.kr.

Sources

1. Trademark Act (상표법), Act No. 21134, in force from 11 November 2025. Articles 6, 16, 17, 18, 33, 34(1) subparagraph 7, 39, 40, 41, 42, 45, 54, 55, 55-2, 57, 67, 115, 116, 180, 185, 186, 187, 190, 191, 193, 193-2, 193-3 and 220; Addenda (Act No. 18502, Arts. 1 and 5; Act No. 18817, Arts. 1 to 3; Act No. 19809, Arts. 1, 2 and 7). https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
2. Enforcement Rules of the Trademark Act (상표법 시행규칙), Prime Ministerial Decree No. 2120, in force from 17 June 2026. Articles 7, 25(1), 26-2, 32, 33, 50, 50-2 and 88-2. https://www.law.go.kr/법령/상표법시행규칙 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 5(1) subparagraphs 3, 6, 7, 7-2, 10-2 and 13, Article 5(3) subparagraph 1; Addenda (Ordinance of the Ministry of Trade, Industry and Energy No. 517, in force from 1 August 2023) Art. 5; Addenda (Prime Ministerial Decree No. 2098). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
4. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Ordinance of the Ministry of Trade, Industry and Energy No. 499, in force from 4 February 2023 (provisions before the amendment). Article 5(1) subparagraphs 6 and 7-2, Article 5(3) subparagraph 1. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정), MOIP Directive No. 39, in force from 1 July 2026. Articles 13, 27, 28, 37(7), 63-2 and 66. https://www.law.go.kr/행정규칙/상표심사사무취급규정 (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Examination Affairs for Applications for International Trademark Registration (국제상표등록출원 심사사무취급규정), MOIP Directive No. 40, in force from 1 July 2026. Articles 19 and 24. https://www.law.go.kr/행정규칙/국제상표등록출원심사사무취급규정 (verified 9 October 2026)
7. Ministry of Intellectual Property (지식재산처), Trademark Examination Guidelines (상표심사기준), MOIP Established Rule No. 5, in force from 10 December 2025. Part 1, Chapter 4, “4. Application for continuing trademark-related procedures”; Part 3, Chapter 1, “3.2 Times at which voluntary amendment is possible”; Part 6, Chapter 1, “5. Decision of partial rejection” (including the term 의견제출통지). https://www.law.go.kr/행정규칙/상표심사기준 (verified 9 October 2026)
8. Trademark Act (상표법), Act No. 18999, in force from 18 October 2022 (provisions before the amendment). Article 54. Version history at https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
9. Trademark Act (상표법), Act No. 19711, in force from 15 March 2024 (provisions before the amendment). Article 187. Version history at https://www.law.go.kr/법령/상표법 (verified 9 October 2026)