|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 29Nov. 30, 2016|
Grounds for refusal of registration: devoid of distinctiveness; disclaimer
A trademark shall not be registered if it is devoid of distinctiveness in any of the following:
(1) consisting exclusively of a description of the quality, intended purpose, material, place of origin, or relevant characteristics of the designated goods or services;
Subparagraph 1 or 3 of the preceding paragraph shall not apply if the trademark has been used by the applicant and has become, in trade, a sign capable of distinguishing the goods or services of the applicant.
Where the reproduction of a trademark contains an element which is not distinctive, and where the inclusion of that element in the trademark could give rise to doubts as to the scope of the trademark rights, the applicant shall state that he/she disclaims any exclusive right to such element. Such trademark without disclaimer shall not be registered.
|Trademark Act Article 30Nov. 30, 2016|
Other grounds for refusal of registration
A trademark shall not be registered in any of the following:
The determination of a geographical indication, well-known trademark/mark, and earlier used trademark as prescribed in Subparagraph 9 and Subparagraphs 11 to 14, respectively, of the preceding paragraph shall be based on the facts at the time of filing.
Subparagraphs 4, 5 and 9 of Paragraph 1 of this Article shall not apply if the applicant is a government agency or related institution.
Paragraph 3 of the preceding article shall apply mutatis mutandis to the ground for refusal prescribed in Subparagraph 1 of Paragraph 1.
|Trademark Act Article 65Nov. 30, 2016|
The Registrar Office shall serve a copy of an application for revocation on the proprietor of a registered trademark, who may make observations to the revocation within the prescribed period; where the proprietor files the observations, the Registrar Office shall serve a copy of the observations on the applicant, who may comment on the observations of the proprietor within the prescribed period. An application for revocation may be dismissed directly if the application is devoid of any concrete facts and evidence or based on obviously groundless claims.
Where a copy of an application for revocation against a registered trademark on the ground prescribed in Subparagraph 2 of Paragraph 1 of Article 63 has been served on the proprietor of such trademark, such proprietor shall furnish proof of his/her use. Such registration may be revoked directly if the proprietor fails to make observations within the prescribed period.
Where the trademark registration was revoked on the ground prescribed in Subparagraph 1 of Paragraph 1 of Article 63, a trademark which is identical with or similar to the revoked trademark in relation to goods or services which are identical with or similar to those for which the revoked trademark is designated shall not be applied for registration by the former proprietor of the revoked trademark or transferred or licensed to such former proprietor within three years from the day following the date of revocation; the aforementioned shall also apply to the circumstance that the trademark right has been abandoned before the disposition of revocation rendered by the Registrar Office.
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Provided by Kingdoms Law