| Trademark Act Article 106Nov. 30, 2016 |
|---|
Transitional provisions for opposition and invalidation Registration of a trademark, against which an application for opposition or invalidation had been admitted but the disposition thereof had not been rendered prior to the enforcement of the articles of this Act amended on May 31, 2011, shall be cancelled only if such registration falls under the provisions of cancellation in effect both at the time of registration and after the enforcement of the amendment to this Act; the proceedings thereof shall follow the provisions in effect after the said enforcement. However, proceedings which had legally commenced prior to the said enforcement shall not be affected. Paragraph 2 and 3 of Article 57 shall not apply to an application for invalidation which had been admitted but the disposition thereof had not been rendered prior to the enforcement of the articles of this Act amended on May 31, 2011. A trademark, certification mark, or collective mark, which was registered prior to the enforcement of the articles of this Act amended on May 31, 2011 and against which an application for opposition or invalidation was filed or submitted in a proposal after the said enforcement, shall be cancelled only if such trademark or mark falls under provisions of cancellation in effect both at the time of registration and after the said enforcement. |
| Trademark Act Article 57Nov. 30, 2016 |
|---|
Grounds for invalidation; proof of use of earlier trademark An interested party may file an invalidation with the Registrar Office, or a trademark examiner may submit a proposal to the Registrar Office for an invalidation, against a trademark registration on the grounds that such registration falls under Paragraph 1 of Article 29, Paragraph 1 of Article 30, or Paragraph 3 of Article 65. An applicant who file an invalidation with the Registrar Office against a trademark registration on the grounds that such registration falls under Subparagraph 10 of Paragraph 1 of Article 30 shall furnish proof that, during the period of three years preceding the date of the application for invalidation, the earlier trademark has been used in connection with the goods or services in respect of which it is registered and which he/she cites as justification for his/her application, or that there are proper reasons for non-use, provided the earlier trademark has at that date been registered for not less than three years. The proof of use furnished pursuant to the preceding paragraph shall be capable of establishing the genuine use of the trademark in accordance with general commercial practices. Details > |
Instructions: Separate keywords by " " or "&"
Provided by Kingdoms Law