|Trademark Act Article 107Nov. 30, 2016|
Transitional provisions for revocation
An application for revocation, of which the disposition had not been rendered prior to the enforcement of the articles of this Act amended on May 31, 2011, shall be processed pursuant to the provisions in effect after the said enforcement. However, proceedings that had legally commenced prior to the sais enforcement shall not be affected.
Paragraph 2 of Article 57 applicable mutatis mutandis to Paragraph 2 of Article 67 shall not apply to an application for revocation 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.
|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.
|Trademark Act Article 67Nov. 30, 2016|
Provisions applied mutatis mutandis to revocation
Paragraphs 2 and 3 of Articles 48, Paragraphs 1 and 3 of Article 49, Article 52 and Article 53 shall apply mutatis mutandis to the examination of revocation.
Paragraphs 2 and 3 of Article 57 shall apply mutatis mutandis to an application for revocation on the ground prescribed in Subparagraph 1 of Paragraph 1 of Article 63.
Paragraph 3 of Article 57 shall apply mutatis mutandis to the circumstance that a proprietor of a revoked trademark furnishes proof of use pursuant to Paragraph 2 of Article 65.
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