Trademark Act Article 46Nov. 30, 2016

Disposition of right of jointly owned trademark

Any license, sub-license, transfer, abandonment of, or creation of pledge on the right in a jointly owned trademark or any transfer of or creation of pledge on the share in a jointly owned trademark shall have the consent of all joint proprietors, unless such right or share is transferred by succession, compulsory execution, a judgment of the court or operation of other law.

The proviso to Paragraph 2 of Article 28 and Paragraph 3 of same Article shall apply mutatis mutandis to a joint proprietor’s abandonment of his/her share.

Where a joint proprietor dies with no successor or ceases to exist with no assumer, Paragraph 4 of Article 28 shall apply mutatis mutandis to the distribution of such joint proprietor’s share.

Paragraph 5 of Article 28 shall apply mutatis mutandis to a restriction or division of the designated goods or services of a jointly owned registered trademark.

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Trademark Act Article 28Nov. 30, 2016

Limitation and exception of disposition of right derived from application for registration of jointly owned trademark

Any transfer of the right derived from an application for registration of a jointly owned trademark or the share of a joint applicant in such trademark shall have the consent of all joint applicants, unless such right or share is transferred by succession, compulsory execution, a judgment of the court or operation of other law.

Any abandonment of the right derived from an application for registration of a jointly owned trademark shall have the consent of all joint applicants, unless in the case that a joint applicant abandons his/her own share in such trademark.

The share abandoned by a joint applicant referred to in the preceding paragraph shall be distributed among the remaining joint applicants in proportion to each one’s share.

The preceding paragraph shall apply mutatis mutandis to cases where a joint applicant dies with no successor or ceases to exist with no assumer.

Any restriction or division of the designated goods or services of an application for registration of a jointly owned trademark shall have the consent of all joint applicants.

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