The notice and the deadline
KIPO notifies the grounds for refusal through the International Bureau and sets a period for a written argument of up to two months. The period can be extended on request, filed before it expires.
A Korean agent is required
A holder with no address or place of business in Korea can respond only through a Korean trademark agent. We file the power of attorney and the response, and report the examiner's reasoning to you in English.
What can be changed
- Goods and services only. After a refusal notice, the list of goods and services can be amended, for example by deleting goods or replacing broad terms with KIPO standard terms. The mark cannot be changed.
- Arguments. Against an earlier mark, the usual arguments are differences in the marks or the goods, a letter of consent from the earlier owner, or a non-use cancellation against the earlier registration.
Differences from a national application
- No continued processing. A national applicant who misses the response period can still request continued processing within two months. That relief does not apply to an international registration, so the deadline must be kept.
- No re-examination. After a final refusal, a national applicant can amend and request re-examination. For an international registration the route is an appeal to the Intellectual Property Trial and Appeal Board, within three months of the refusal decision; the appeal period can be extended once by up to 30 days.
Fees
Our fee for a written argument is $200, and for amending the goods and services $100; KIPO official fees are added at cost. See our trademark fees.
Get an instant quote with our fees, translation and official fees, and order online. A Korean patent attorney handles every case.
Questions
How long do I have to respond to a Korean refusal of a Madrid designation?
KIPO sets a period of up to two months for the written argument. It can be extended on request, filed before the period ends.
Do I need a Korean agent to respond?
Yes. A holder with no address or place of business in Korea must act through a Korean trademark agent.
Can I change the mark in my response?
No. Only the goods and services can be amended, and only after a refusal notice.
What if the deadline is missed or the refusal becomes final?
Continued processing and re-examination are not available for international registrations. After a refusal decision, the remedy is an appeal to the Intellectual Property Trial and Appeal Board within three months.
Legal basis
- Trademark Act, Art. 55 — notice of grounds for refusal; continued processing (para. 3)
- Enforcement Rule of the Trademark Act, Art. 53 — period of up to two months (para. 2)
- Trademark Act, Art. 190 — notice through the International Bureau; continued processing does not apply (para. 2)
- Trademark Act, Art. 185 — amendments limited to the goods, after a refusal notice
- Trademark Act, Art. 193-2 — no re-examination for international registrations
- Trademark Act, Art. 116, Trademark Act, Art. 17 — appeal within three months, extension once by up to 30 days
- Trademark Act, Art. 6 — Korean agent for holders abroad