|Trademark Act Article 16Nov. 30, 2016
Calculation of period
For the purpose of calculation of a period, except those referred to in Paragraph 1 of Article 33, Paragraph 4 of Article 75, and Article 103, the first day does not count.
|Trademark Act Article 103Nov. 30, 2016
Special provision for three-year period of non-use
With respect to the trademark or mark which has been changed into an independent one pursuant to the preceding article, the three-year period as prescribed in Subparagraph 2 of Paragraph 1 of Article 63 shall commence from the date of change.
|Trademark Act Article 33Nov. 30, 2016
Right conferred by registered trademark and duration of registration
The proprietor of a registered trademark shall have the exclusive right of the trademark for a period of ten years from the date of publication for registration.
The period of the trademark right may be renewed, and the duration of each renewal period shall be ten years.
|Trademark Act Article 75Nov. 30, 2016
Suspension of release upon Customs’ own initiative
Where Customs acts upon its own initiative and finds that imported or exported articles in respect of which it has acquired prima facie evidence that a trademark right is likely to be infringed, Customs shall give a notice to the proprietor of the trademark and the importer/exporter.
In giving the notice referred to in the preceding paragraph, Customs shall specify a period for the proprietor of the trademark to come to the customs to identify the infringement and furnish proof of infringement, and Customs shall also specify a period for the importer/exporter to furnish proof of non-infringement. However, the period may be extended once only at the request of the proprietor of the trademark or the importer/exporter to Customs in writing, stating legitimate reasons for failure to furnish proof.
If proof of infringement has been furnished by the proprietor of the trademark and proof of non-infringement has not been furnished by the importer/exporter pursuant to the preceding paragraph, Customs may suspend the release of such articles.
If proof of infringement has been furnished by the proprietor of the trademark and proof of non-infringement has been furnished by the importer/exporter pursuant to Paragraph 2, Customs shall give a notice to the proprietor that he/she may, within three working days after the notice is given, file an application for detention pursuant to Paragraph 1 of Article 72.
If the proprietor did not file within the period prescribed in the preceding paragraph an application for detention pursuant to Paragraph 1 of Article 72, Customs may release the articles after retaining a representative sample.
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Provided by Kingdoms Law