Trademark Act Article 63

Trademark Act Article 63Nov. 30, 2016
Grounds for revocation; revocation of some goods or services The Registrar Office shall, ex officio or upon an application, revoke the registration of a trademark if such trademark is in any of the following: (1) where the trademark is altered by the proprietor in different forms in which it was registered or supplemented with additional notes whereby the trademark is identical with or similar to another person’s registered trademark in relation to goods or services which are identical with or similar to those for which another person’s registered trademark is designated, and hence there exists a likelihood of confusion on relevant consumers; (2) where the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than three years without proper reasons for non-use, unless the trademark has been put to use by a licensee; (3) where no appropriate and distinguishing indication is added pursuant to Article 43, unless the indication has been added and hence there does not exist any likelihood of confusion before the disposition of revocation rendered by the Registrar Office; (4) where the trademark has become the generic mark or term, or common shape for the designated goods or services; or (5) where, in consequence of the actual use of the trademark, such trademark is likely to mislead the public as to the nature, quality, or place of origin of the goods or services. The revocation shall also apply in the case where the proprietor of the registered trademark who, knowingly or with reasonable grounds to know, shows no objection to the conduct as prescribed in Subparagraph 1 of preceding paragraph by a licensee. The trademark registration shall not be revoked on the ground prescribed in Subparagraph 2 of Paragraph 1 if such use as in referred to in that subparagraph is commenced or resumed before the application for revocation is filed, unless any such commencement or resumption of use within the period of three months before the filing of the application is because the proprietor became aware that the application might be filed. Where grounds for revocation exist in respect of some of the designated goods or services of the registered trademark, the registration may be revoked in respect of those goods or services.

Trademark Act Article 63Nov. 30, 2016

Grounds for revocation; revocation of some goods or services

The Registrar Office shall, ex officio or upon an application, revoke the registration of a trademark if such trademark is in any of the following:

(1) where the trademark is altered by the proprietor in different forms in which it was registered or supplemented with additional notes whereby the trademark is identical with or similar to another person’s registered trademark in relation to goods or services which are identical with or similar to those for which another person’s registered trademark is designated, and hence there exists a likelihood of confusion on relevant consumers;
(2) where the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than three years without proper reasons for non-use, unless the trademark has been put to use by a licensee;
(3) where no appropriate and distinguishing indication is added pursuant to Article 43, unless the indication has been added and hence there does not exist any likelihood of confusion before the disposition of revocation rendered by the Registrar Office;
(4) where the trademark has become the generic mark or term, or common shape for the designated goods or services; or
(5) where, in consequence of the actual use of the trademark, such trademark is likely to mislead the public as to the nature, quality, or place of origin of the goods or services.

The revocation shall also apply in the case where the proprietor of the registered trademark who, knowingly or with reasonable grounds to know, shows no objection to the conduct as prescribed in Subparagraph 1 of preceding paragraph by a licensee.

The trademark registration shall not be revoked on the ground prescribed in Subparagraph 2 of Paragraph 1 if such use as in referred to in that subparagraph is commenced or resumed before the application for revocation is filed, unless any such commencement or resumption of use within the period of three months before the filing of the application is because the proprietor became aware that the application might be filed.

Where grounds for revocation exist in respect of some of the designated goods or services of the registered trademark, the registration may be revoked in respect of those goods or services.

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Trademark Act Article 43Nov. 30, 2016
Addition to appropriate and distinguishing indication If, due to a transfer of trademark right, two or more proprietors use an identical trademark on similar goods or services or similar trademarks on identical or similar goods or services, and hence there exists a likelihood of confusion on relevant consumers, each proprietor shall add an appropriate and distinguishing indication while using his/her own trademark. Details >

Trademark Act Article 43Nov. 30, 2016

Addition to appropriate and distinguishing indication

If, due to a transfer of trademark right, two or more proprietors use an identical trademark on similar goods or services or similar trademarks on identical or similar goods or services, and hence there exists a likelihood of confusion on relevant consumers, each proprietor shall add an appropriate and distinguishing indication while using his/her own trademark.

Details >

Trademark Registration

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