What are partial rejection and re-examination of a Korean trademark application?

Jonghwan Choi, Managing Partner · Published 13 November 2026

Last verified 9 October 2026

Partial rejection and re-examination at a glance

As of October 2026. The amount of the fee for request for re-examination per class has been the same since 4 February 2023, when re-examination entered into force. The additional fees were changed by the amendment in force from 1 August 2023.

Only the designated goods that have grounds for rejection are rejected

Where some of the designated goods fall under a ground for rejection, the examiner must make the decision to reject trademark registration only for those designated goods (Trademark Act, latter part of Art. 54). [1] The Trademark Examination Guidelines (상표심사기준) call this decision a decision of partial rejection (부분거절결정). [6]

A notification of grounds for rejection (거절이유통지) comes before the decision to reject. When notifying grounds for rejection, the examiner must specify the grounds and basis for rejection for each of the designated goods (Trademark Act, Art. 55(2)). [1] The applicant can submit a written opinion (의견서) within the period set by the examiner, which is not more than 2 months (Trademark Act, latter part of Art. 55(1); Enforcement Rules, Art. 50(2)). [1][5]

An applicant who did not submit a written opinion within that period has one more route. The applicant can apply for continuing trademark-related procedures (절차계속신청) and submit a written opinion within 2 months from the expiration date of that period (Trademark Act, Art. 55(3)). [1] The fee for an application for continuing trademark-related procedures is KRW 40,000 per case (Fee Regulation, Art. 5(1), subparagraph 13). [3] Article 55(3) does not apply to an application for international trademark registration (Trademark Act, Art. 190(2)). [1] The period for submitting a written opinion and the application for continuing trademark-related procedures are covered in detail in “How do I respond to a trademark office action in Korea?“.

Before 4 February 2023, Article 54 of the Trademark Act had no latter part. [2] The Trademark Examination Guidelines state that previously all the designated goods were rejected if the applicant did not respond to the notification of grounds for rejection. [6]

The remaining designated goods are published after the decision to reject becomes final and conclusive

The remaining designated goods are not published immediately when a decision of partial rejection is issued. Article 57(1) of the Trademark Act provides that, where grounds for rejection exist for some of the designated goods, the decision to publish the application (출원공고결정) is made where the decision to reject those designated goods becomes final and conclusive. [1] Article 68, which provides for the decision to grant trademark registration (decision to register a trademark), has the same parenthesis. [1]

The Trademark Examination Guidelines state the time of finality in two cases. If no trial is requested, it is after the appeal period passes and the decision of partial rejection becomes final and conclusive. If a trial against the decision of partial rejection is requested, it is after that trial decision becomes final and conclusive (Part 6, Chapter 1, 5.3.1). [6]

After a decision to reject, the routes for amendment and division become narrower. An application for which no decision to publish the application has been made can be amended until the decision to reject trademark registration is made (Trademark Act, Art. 40(1), subparagraph 2). [1] The same paragraph states three times that come after a decision to reject. They are the period for requesting re-examination where re-examination is requested (subparagraph 1), within 30 days from the date of the request where a trial is requested (subparagraph 3), and the period for submitting a written opinion where the examination provisions apply mutatis mutandis to the trial (subparagraph 4). [1] An application can be divided within the periods prescribed in the subparagraphs of Article 40(1) and the subparagraphs of Article 41(1) (Trademark Act, Art. 45(1)). [1]

The Trademark Examination Guidelines state that designated goods that received a decision of partial rejection cannot be amended or divided. They state as an exception the case where an appeal against examiners’ decision to reject trademark application (trial against decision to reject; 거절결정에 대한 심판; below, “appeal against the decision to reject”) or re-examination has been requested (Part 6, Chapter 1, 5.2.4). [6] Where a decision to publish the application is made for the remaining designated goods, they can be amended at the times prescribed in Article 40(1), subparagraph 1-2 and Article 41(1). [1]

Re-examination is requested within 3 months, together with an amendment

A person who received a decision to reject trademark registration can request re-examination within 3 months from the date on which the certified copy of the decision is served (Trademark Act, main clause of Art. 55-2(1)). [1] The Article provides that the request can be made “after amending the designated goods or trademark”. [1] The Trademark Examination Guidelines state that an applicant requesting re-examination must amend the designated goods or the trademark to the extent that the substance of the application is not changed (Part 2, Chapter 9, 1.2.3). [6] The applicant can submit a written opinion together with the request for re-examination (paragraph (2) of the same Article). [1]

The 3 months move together with the period for requesting an appeal against the decision to reject. Where the period for requesting a trial under Article 116 is extended under Article 17(1) of the Trademark Act, the period for requesting re-examination is also that extended period (parenthesis in the main clause of Art. 55-2(1)). [1] The Minister of Intellectual Property can extend the period for requesting a trial once, by not more than 30 days, on request or ex officio (Art. 17(1), subparagraph 3). [1] A person in a remote area or an area with poor access to transport can receive an additional extension, once and by not more than 30 days (proviso to Art. 17(1); Enforcement Rules, Art. 7). [1][5] The fee for extension of the statutory period is KRW 20,000 per case for each extension (Fee Regulation, Art. 5(1), subparagraph 10 (a)). [3]

There is no separate request form for a request for re-examination. A person who intends to request re-examination submits the written amendment (supplement) (보정(보완)서) in Form No. 5 to the Minister of Intellectual Property (Enforcement Rules, Art. 50-2(1)). [5] The request is marked in the checkbox for a request for re-examination in the “Other matters” field of that form. [5]

The fee for request for re-examination is counted per class subject to the request for re-examination. It is KRW 20,000 for an electronic application and KRW 30,000 for a paper-based application (Fee Regulation, Art. 5(1), subparagraph 7-2). [3] Here, the class is the class to which the designated goods that received the decision to reject trademark registration belong. [3] Where the classes after the amendment exceed the classes before the amendment, KRW 52,000 for an electronic application or KRW 62,000 for a paper-based application is added for each class in excess. [3] Where the designated goods in one class after the amendment exceed 10, KRW 2,000 is added for each of the designated goods in excess. [3] However, where the application being amended is one subject to the additional charge per number of designated goods exceeding 10 for each class, the amount is KRW 2,000 for each of the goods by which the goods subject to the additional charge have increased compared with before the amendment. [3] The fee for request for re-examination is paid by the day after the receipt number is obtained at the time of the request for re-examination (Fee Regulation, Art. 8(4)). [3]

The instructions for the form of the written amendment (supplement) direct that the fee for request for re-examination and the amendment fee be stated together. Where an additional amendment fee arises from the amendment of the goods, the fee for request for re-examination and the total are stated separately. [5]

The additional fees for the fee for request for re-examination were changed by the amending regulation that entered into force on 1 August 2023 (Ordinance of the Ministry of Trade, Industry and Energy No. 517). The previous fee for request for re-examination was also KRW 20,000 per class (KRW 30,000 for a paper-based application). The previous additional fee was KRW 62,000 for an electronic application and KRW 72,000 for a paper-based application for each class in excess, and the additional fee for designated goods started from more than 20. [4] Article 5(1) of the Addenda to that regulation provides that the previous provisions apply where a trademark application or an application for registration of additional designated goods was filed, or re-examination was requested, before its entry into force. [3] The provisions that this paragraph makes subject to the previous provisions are the amended provisions on the application fee (Art. 5(1), subparagraph 1), the amendment fee (subparagraph 6) and the fee for request for re-examination (subparagraph 7-2). [3] On this wording, where a trademark application was filed before 1 August 2023, the previous provisions apply to the fee for request for re-examination even if re-examination is requested later.

After a decision to reject following a re-examination, re-examination cannot be requested again, and a request cannot be withdrawn

There are two cases where re-examination cannot be requested. They are where, when re-examination is requested, a decision to reject has already been made following a re-examination, and where a trial under Article 116 has been requested (Trademark Act, proviso to Art. 55-2(1)). [1] A document that falls under this proviso is returned (Enforcement Rules, Art. 25(1), subparagraph 6-2). [5]

The Trademark Examination Guidelines state two more points. Where a decision to reject following a request for re-examination is revoked and remanded in a trial and a decision to reject is then made again, re-examination can be requested (Part 2, Chapter 9, 1.2.2). [6] A decision to reject made on an opposition (formal objection; 이의신청) is excluded from the decisions to reject for which re-examination can be requested (1.2.1 of the same Chapter). [6] The proviso to Article 55-2(1) of the Trademark Act does not state a decision to reject made on an opposition. [1]

Where re-examination is requested, the decision to reject trademark registration previously made for that application is deemed revoked (Trademark Act, main clause of Art. 55-2(3)). [1] This does not apply where the procedure for requesting re-examination is invalidated under Article 18(1) (proviso to the same paragraph). [1] Article 18(1) provides that the procedure can be invalidated if a person who received an order to amend does not amend within the designated period. [1] Failure to pay the official fee is subject to an order to amend (Trademark Act, Art. 39, subparagraph 2). [1]

A request for re-examination cannot be withdrawn (Trademark Act, Art. 55-2(4)). [1]

If the amendment filed with the request for re-examination is a change of the substance of the application, the examiner must dismiss that amendment by decision (Trademark Act, Art. 42(1)). [1] Where the examiner has made a decision to dismiss the amendment (decision to reject an amendment), the examiner must not make the decision on whether to grant trademark registration until the period for requesting a trial under Article 115 has passed (Art. 42(2)). [1] Against a decision to dismiss an amendment made before the decision to publish the application, a trial can be requested within 3 months from the date on which the certified copy of the decision is served (Art. 115). [1] A decision to dismiss an amendment made after the decision to publish the application (Art. 41) cannot be appealed. However, this does not apply where an appeal against the decision to reject is requested (Art. 42(5)). [1]

The examination after re-examination is set out in the Trademark Examination Guidelines and the Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정). Before examining again, the examiner first decides whether to dismiss the amendment. [6] If the grounds of the previous decision to reject have not been resolved and there are no new grounds for rejection, the examiner can make a decision to reject without a separate notification of grounds for rejection. [6] If the examiner finds new grounds for rejection, the examiner must notify those grounds for rejection. [6] Where re-examination is requested, the examiner in principle handles it within 1 month after the period for requesting re-examination expires (Regulations for the Handling of Trademark Examination Affairs, Art. 63-2(1)). [7]

The route that remains for an applicant who received a decision to reject again in re-examination is a trial. A person who received a decision to reject trademark registration under Article 54 can request a trial within 3 months from the date on which the certified copy is served (Trademark Act, Art. 116). [1]

Article 19 of the Trademark Act provides for subsequent completion where a period was not observed for a cause not attributable to the person. The subparagraphs of Article 19 include the period for requesting a trial under Article 116 and do not state the period for requesting re-examination. [1]

How re-examination and an appeal against the decision to reject differ

An applicant who received a decision to reject chooses one of re-examination and a trial within the same 3 months. After a trial is requested, re-examination cannot be requested (Trademark Act, proviso to Art. 55-2(1)). [1]

A person who intends to request an appeal against the decision to reject submits a written request for a trial to the President of the Intellectual Property Trial and Appeal Board (Trademark Act, Art. 126(1)). [1] The basis of the trial request fee is Article 5(3), subparagraph 1 of the Fee Regulation. [3] For a paper-based request it is KRW 250,000 per class. [3] The details of how the number of classes is counted are announced by the President of the Intellectual Property Trial and Appeal Board. [3] Where the designated goods in one class for which there is a ground for the trial request exceed 10, KRW 2,000 is added for each of the designated goods in excess. [3] This additional fee for designated goods does not apply to an appeal against the decision to reject an application for international trademark registration. [3] This exception was introduced by the amendment in force from 27 February 2026, and the Addenda to that amending regulation (Prime Ministerial Decree No. 2098) contain only the enforcement date. [3][4]

The trial request fee where the trademark application was filed before 1 August 2023 follows the previous provisions (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517, Art. 5(3)). [3] Under the previous provisions, the additional fee for designated goods started from more than 20. [4]

Where an appeal against the decision to reject is requested for two or more designated goods, the request for trial can be withdrawn for each of the designated goods (Trademark Act, Art. 148(2)). [1]

They apply to applications filed on or after 4 February 2023, and there is no re-examination for Madrid designations

Partial rejection and re-examination were introduced by Act No. 18817 (promulgated 3 February 2022). This Act entered into force on 4 February 2023, the date on which 1 year had passed after its promulgation (main clause of Art. 1 of the Addenda). [1][2]

There are two applicability provisions. The amended provisions on re-examination, including Article 40(1), Article 41(1) and Article 55-2, apply beginning with trademark applications, applications for registration of additional designated goods and applications for registration of conversion of classification of goods (registration of the reclassification of goods) filed on or after the date on which this Act enters into force (Addenda, Art. 2). [1] The amended provisions on partial rejection, including Article 54, Article 57(1), Article 68, Article 116 and Article 148(2), apply beginning with trademark applications and applications for registration of additional designated goods filed on or after the date on which this Act enters into force (Addenda, Art. 3). [1] Article 116 before the amendment did not have the words “with respect to all or part of the designated goods for which a decision to reject is made”, and Article 148(2) before the amendment did not state the appeal against the decision to reject. [2] These Addenda have no separate transitional measure for applications filed before that date. [1]

The same system exists for an application for registration of additional designated goods. Where grounds for rejection exist for only some of the designated goods, the decision to reject registration of additional designated goods is made only for those designated goods (Trademark Act, latter part of Art. 87(1)). [1] The request for re-examination applies mutatis mutandis to an application for registration of additional designated goods and an application for registration of conversion of classification of goods (Art. 88(2), Art. 212). [1]

An international application that designates Korea under the Madrid Protocol is deemed a trademark application under the Trademark Act (Trademark Act, Art. 180(1)). [1] Article 55-2 does not apply to this application for international trademark registration (Art. 193-2). [1] Because re-examination cannot be requested, the route for contesting the decision to reject is the trial under Article 116. [1] Article 40(1), subparagraph 1 and Article 41(1), subparagraph 2-2, which set the time of amendment where re-examination is requested, do not apply either (Art. 185(2)). [1] Amendment of an application for international trademark registration before the decision to publish the application is limited to the case where a notification of grounds for rejection has been received, and its subject is the designated goods (Art. 185(1)). [1] The subject of amendment after the decision to publish the application is also the designated goods (Art. 185(4)). [1]

Partial rejection also reaches applications for international trademark registration. Article 191 and Article 193(1) of the Trademark Act place the same parenthesis in the decision to publish the application and the decision to grant trademark registration for an application for international trademark registration. Where grounds for rejection exist for some of the designated goods, the decision is made where the decision to reject those designated goods becomes final and conclusive. [1] Article 3 of the Addenda to Act No. 18817 states that the amended provisions of Article 191 and Article 193(1) also apply beginning with trademark applications filed on or after the date on which this Act enters into force. [1] Article 180(2) deems the date of the international registration, or the date of the subsequent designation in the case of a subsequent designation, to be the filing date of the trademark application under this Act. [1]

The procedure for Madrid designations as a whole is covered in “Should I file in Korea directly or through the Madrid system?“. The response to a notification of provisional refusal is covered in “How do I respond to a provisional refusal of a Madrid designation of Korea?”.

Example

This is an assumed case. In 2025, a trademark application designating Class 9, Class 35 and Class 42 was filed as an electronic application. The examiner found that grounds for rejection existed for only some of the designated goods in Class 9 and made a decision to reject only for those designated goods. The applicant was served with the certified copy of that decision to reject on 12 October 2026 (Monday). The period for requesting a trial was not extended.

The deadline was counted under Article 16 of the Trademark Act. The first day of the period, 12 October, is not included in the computation (subparagraph 1). [1] The start date is 13 October, and the 3-month period expires on 12 January 2027, the day before the day in the last month that corresponds to the start date (subparagraph 3). [1] 12 January 2027 is a Tuesday.

The official fees do not include the amendment fee or the additional fee for designated goods. The trial request fee assumes that the designated goods in Class 9 for which there is a ground for the trial request are 10 or fewer. The time of the decision to publish the application in the “What follows” column follows Part 6, Chapter 1, 5.3.1 of the Trademark Examination Guidelines. [6]

What applicants should do

• On receiving a notification of grounds for rejection, we suggest first separating the designated goods for which grounds for rejection are stated from those for which they are not. The notification states the grounds for rejection for each of the designated goods.
• If the designated goods for which registration is urgent are among those without grounds for rejection, we suggest considering amendment or division within the period for submitting a written opinion. To amend or divide the rejected designated goods after a decision to reject, re-examination or a trial must be requested.
• Even if the decision of partial rejection is accepted, the remaining designated goods are published after that decision to reject becomes final and conclusive. We suggest including the 3-month appeal period when planning the registration schedule.
• We suggest considering re-examination first if the grounds for rejection are resolved by deleting or reducing designated goods, and a trial first if the examiner’s judgment itself is to be contested. The fee for request for re-examination is KRW 20,000 per class and the trial request fee is KRW 240,000 (for an electronic application).
• After a decision to reject following a re-examination, re-examination cannot be requested again, and a request for re-examination that has been made cannot be withdrawn. We suggest requesting it after the amendment is settled.
• For Madrid designations there is no re-examination and no application for continuing trademark-related procedures. We suggest noting first the period for submitting a written opinion and the 3-month period for requesting a trial.
• Please confirm the choice in an individual case with your Korean agent.

FAQ

Is the whole application rejected if grounds for rejection exist for some of the designated goods?

No. The examiner must make the decision to reject trademark registration only for the designated goods that fall under a ground for rejection (Trademark Act, latter part of Art. 54). [1] This provision applies beginning with trademark applications filed on or after 4 February 2023 (Addenda to Act No. 18817, Art. 3). [1]

After a partial rejection, when are the remaining designated goods published?

After the decision to reject those designated goods becomes final and conclusive (Trademark Act, Art. 57(1)). [1] The Trademark Examination Guidelines state that this is after the appeal period passes if no trial is requested, and after the trial decision becomes final and conclusive if a trial is requested. [6]

If the application is rejected again in re-examination, can re-examination be requested once more?

No. Where a decision to reject has already been made following a re-examination, re-examination cannot be requested (Trademark Act, proviso to Art. 55-2(1)). [1] A trial can be requested within 3 months from the date on which the certified copy of that decision to reject is served (Art. 116). [1]

Is the fee for request for re-examination counted by the number of classes in the whole application?

No. It is counted per class to which the designated goods that received the decision to reject trademark registration belong (Fee Regulation, Art. 5(1), subparagraph 7-2). [3] It is KRW 20,000 per class for an electronic application and KRW 30,000 for a paper-based application. [3]

Can re-examination also be requested for a Madrid designation of Korea?

No. Article 55-2 of the Trademark Act does not apply to an application for international trademark registration (Art. 193-2). [1] An appeal against the decision to reject can be requested (Art. 116). [1]

How DEFINE IP Law Firm handles this

At the stage where a notification of grounds for rejection is received, DEFINE IP Law Firm separates the designated goods affected by grounds for rejection from those that are not and informs the applicant. When a decision to reject is received, we set the deadlines and official fees of re-examination and of an appeal against the decision to reject side by side and decide the response with the applicant. For questions about partial rejection and requests for re-examination of Korean trademark applications, please write to contact@defineip.kr.

Sources

1. Trademark Act (상표법), Act No. 21134, in force from 11 November 2025. Articles 16, 17, 18, 19, 39, 40, 41, 42, 45, 54, 55, 55-2, 57, 68, 87, 88, 115, 116, 126, 148, 180, 185, 190, 191, 193, 193-2 and 212, Addenda (Act No. 18817, promulgated 3 February 2022, in force from 4 February 2023) Articles 1 to 3. https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
2. Trademark Act (상표법), Act No. 18817, version in force from 4 August 2022 (wording before the amendment of Article 54 and others). Articles 54, 57, 68, 116 and 148. Version history at https://www.law.go.kr/법령/상표법 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처, MOIP), 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 7-2, 10 and 13, Article 5(3), subparagraph 1, Article 8(4), 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. Earlier versions of the 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), Ordinance of the Ministry of Trade, Industry and Energy No. 517 (in force from 1 August 2023), Prime Ministerial Decree No. 2054 (in force from 1 October 2025). Article 5(1), subparagraph 7-2, Article 5(3), subparagraph 1. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. Enforcement Rules of the Trademark Act (상표법 시행규칙), Prime Ministerial Decree No. 2120, in force from 17 June 2026. Articles 7, 25(1), subparagraph 6-2, 50 and 50-2, Form No. 5, written amendment (supplement), and the instructions for the form. https://www.law.go.kr/법령/상표법시행규칙 (verified 9 October 2026)
6. Ministry of Intellectual Property, Trademark Examination Guidelines (상표심사기준), MOIP Established Rule No. 5, in force from 10 December 2025. Part 2, Chapter 9, Request for re-examination; Part 6, Chapter 1, Examination procedure, 5. Decision of partial rejection. https://www.law.go.kr/행정규칙/상표심사기준 (verified 9 October 2026)
7. Ministry of Intellectual Property, Regulations for the Handling of Trademark Examination Affairs (상표심사사무취급규정), MOIP Directive No. 39, in force from 1 July 2026. Article 63-2. https://www.law.go.kr/행정규칙/상표심사사무취급규정 (verified 9 October 2026)