Trademark Act Article 62Nov. 30, 2016

Provisions applied mutatis mutandis to invalidation

Paragraphs 2 and 3 of Article 48, Articles 49 through 53, and Article 55 shall apply mutatis mutandis to an invalidation of a registered trademark. "Section VI Revocation

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Trademark Act Article 48Nov. 30, 2016

Grounds for opposition and time limit on filing

Any person may file an opposition to registration of a trademark with the Registrar Office within three months from the day following the date of publication of 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.

The opposition referred to in the preceding paragraph may be filed for some of the designated goods or services of the registered trademark.

An application for opposition shall be filed against a single registered trademark.

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Trademark Act Article 49Nov. 30, 2016

Opposition procedure

Any person who opposes a registered trademark shall file an application stating the facts and grounds along with a copy thereof. Any attachments to the application shall also be enclosed with the copy.

The Registrar Office shall serve the copy on the proprietor of opposed trademark, who may make observations to the opposition within the prescribed period; where the proprietor files the observations, the Registrar Office shall serve a copy of the observations on the opponent, who may comment on the observations of the proprietor within the prescribed period.

Where the observations filed pursuant to the preceding paragraph is likely to delay the proceedings, or where the facts and evidence are sufficiently clear, the Registrar Office may conduct opposition proceedings directly without giving the opposite party a notice to make observations.

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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 51Nov. 30, 2016

Avoidance of examiner in opposition

An application for opposition to a trademark shall be examined by an examiner, who did not participate in the examination of the application for registration of the opposed trademark.

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Trademark Act Article 52Nov. 30, 2016

Invariance of concerned party in opposition

A transfer of the right of a trademark of which the opposition proceedings is underway shall have no effect on the said opposition proceedings.

A transferee of trademark right referred to in the preceding paragraph may declare to assume the position of the opposed party in the opposition proceedings.

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Trademark Act Article 53Nov. 30, 2016

Withdraw of opposition

An opponent may withdraw his/her opposition to a registered trademark before the disposition of such opposition is rendered.

An opponent who withdrew his/her opposition to a registered trademark shall not file an opposition once more or invalidation against such opposed trademark based on the same facts, evidence and grounds as those in the withdrawn opposition.

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Trademark Act Article 55Nov. 30, 2016

Cancellation of some goods or services

Where grounds for cancellation referred to in the preceding article exist in respect of some of the designated goods or services of the registered trademark, the registration may only be cancelled in respect of those goods or services.

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Trademark Registration