After examination, the Korean Intellectual Property Office (KIPO) issues a decision to publish the trademark application, and it is published in the official “Trademark Publication Gazette”.
On publication, it undergoes a two-month period of opposition wherein any person can file an opposition against the registration of the subject mark.
The grounds for objection to a published mark are identical with the grounds of refusal of registration during the examination. They can be based on relative grounds (e.g. conflicting prior registration), absolute grounds (e.g. non-distinctiveness, descriptiveness, etc.), bad faith issues, etc.
A notice of opposition must be submitted during the first 30 days, explaining the grounds for opposition. Then, it can be amended by adding or supplementing the grounds of opposition during the remaining 30 days. The opposition term is not extendable.
The opposition process can delay considerably the grant of the opposed application. The applicant and opponent exchange arguments and rebuttals until a decision is rendered by the KIPO.
