Trademark Act Article 35

Trademark Act Article 35Nov. 30, 2016
Right in registered trademark The proprietor of a registered trademark has the exclusive right in the trademark in relation to the designated goods or services. Unless otherwise prescribed in Article 36 of this Act, consent of the proprietor of a registered trademark shall be required in any of the following: (1) using a trademark which is identical with the registered trademark in relation to goods or services which are identical with those for which it is registered; (2) using a trademark which is identical with the registered trademark and used in relation to goods or services similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers; or (3) using a trademark which is similar to the registered trademark and used in relation to goods or services identical with or similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers. A trademark may, if registered, be displayed with the words “registered trademark” or the internationally used symbol for registration (the letter R enclosed within a circle).

Trademark Act Article 35Nov. 30, 2016

Right in registered trademark

The proprietor of a registered trademark has the exclusive right in the trademark in relation to the designated goods or services.

Unless otherwise prescribed in Article 36 of this Act, consent of the proprietor of a registered trademark shall be required in any of the following:

(1) using a trademark which is identical with the registered trademark in relation to goods or services which are identical with those for which it is registered;
(2) using a trademark which is identical with the registered trademark and used in relation to goods or services similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers; or
(3) using a trademark which is similar to the registered trademark and used in relation to goods or services identical with or similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers.

A trademark may, if registered, be displayed with the words “registered trademark” or the internationally used symbol for registration (the letter R enclosed within a circle).

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Trademark Act Article 36Nov. 30, 2016
Limits on effect of registered trademark "A registered trademark shall not entitle the proprietor to prohibit a third party from: (1) indicating his/her own name, or the term, shape, quality, nature, characteristic, intended purpose, place of origin, or any other description in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters and not using it as a trademark; (2) using where it is necessary for the goods or services to be functional; or (3) using bona fide, prior to the filing date of the registered trademark, an identical or similar trademark on goods or services identical with or similar to those for which the registered trademark is protected, provided that the use is only on the original goods or services; the proprietor of the registered trademark is entitled to request the party who use the trademark to add an appropriate and distinguishing indication. Where goods have been put on the domestic or foreign market under a registered trademark by the proprietor or with his consent, the proprietor is not entitled to claim trademark rights on such goods, unless such claim is to prevent the condition of the goods been changed or impaired after they have been put on the market or there exist other legitimate reasons. Details >

Trademark Act Article 36Nov. 30, 2016

Limits on effect of registered trademark "A registered trademark shall not entitle the proprietor to prohibit a third party from:

(1) indicating his/her own name, or the term, shape, quality, nature, characteristic, intended purpose, place of origin, or any other description in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters and not using it as a trademark;
(2) using where it is necessary for the goods or services to be functional; or
(3) using bona fide, prior to the filing date of the registered trademark, an identical or similar trademark on goods or services identical with or similar to those for which the registered trademark is protected, provided that the use is only on the original goods or services; the proprietor of the registered trademark is entitled to request the party who use the trademark to add an appropriate and distinguishing indication.

Where goods have been put on the domestic or foreign market under a registered trademark by the proprietor or with his consent, the proprietor is not entitled to claim trademark rights on such goods, unless such claim is to prevent the condition of the goods been changed or impaired after they have been put on the market or there exist other legitimate reasons.

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Trademark Registration

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