Trademark Act Article 8Nov. 30, 2016

Inadmissibility of application; restoration to status quo ante

Unless otherwise prescribed in this Act, an application or other proceedings of trademark shall be inadmissible if an applicant, holder or other interested person thereof has failed to comply within the statutory period, to conform to legal formality that cannot be amended, or to conform to legal formality which is not amended within the period specified in a notice. However, if the failure to conform to legal formality which is not amended within the specified period has been amended before the disposition is rendered, such application or proceeding shall still be admissible.

Where an applicant, holder or other interested person has failed to comply within the statutory period by reason of an act of God or any event not attributable to such applicant, holder or interested person, he/she may apply for restoration to the status quo ante, within thirty days from the day following the date on which the cause vanishes, by submitting a written statement to the Registrar Office clarifying the reason. No application for restoration to the status quo ante may be made upon the failure to comply within the statutory period for more than one year.

When applying for restoration to the status quo ante, the omitted act that should have been done within the statutory period shall be completed together with the application for restoration.

The preceding two paragraphs shall not apply to the failure to comply within the period prescribed in Paragraph 3 of Article 32.

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Trademark Act Article 32Nov. 30, 2016

Disposition of acceptance; payment of registration fee; relief measure of failure to pay

An application for trademark registration shall be accepted if, after examination, none of the grounds for refusal prescribed in Paragraph 1 of the preceding article is found to exist.

A trademark been accepted for registration shall be published for registration and a trademark certificate shall be issued, provided that the registration fee has been paid by the applicant within two months from the day following the date of the service of the disposition. Where the said fee remains unpaid by the end of the prescribed period, a trademark shall not be published for registration.

Where an applicant has unintentionally failed to pay the fee within the period prescribed in the preceding paragraph, the applicant may pay double within six months from the day following the date on which the prescribed period expires, in which case the Registrar Office will publish the registration. However, this shall not be applied if an application for trademark registration filed or rights of a trademark obtained by a third party during such period would be affected.

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Trademark Registration