Trademark Act Article 50Nov. 30, 2016

Provisions govern in opposition

With respect to the grounds for an opposition to a registered trademark, the provisions in effect at the time of the said trademark publication of registration shall govern, unless otherwise prescribed in Paragraph 1 and Paragraph 3 of Article 106.

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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.

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