Trademark Act Article 93

Trademark Act Article 93Nov. 30, 2016
Special provisions for grounds for revocation The Registrar Office may, upon an application by any person or ex officio, revoke the registration of a certification mark, collective mark or collective trademark if: (1) the certification mark is used by the proprietor of such mark as a trademark; (2) the proprietor of the certification mark carries on a business of goods or services of the kind certified; (3) the proprietor of the certification mark is no longer competent to certify another person’s goods or services to which the registration certification mark is designated; (4) the proprietor of the certification mark discriminates against those who apply for certification; (5) the proprietor of such trademark or mark transfers, licenses, or creates a pledge which falls under the preceding article; (6) the proprietor of such trademark or mark does not manage or supervise the use pursuant to the regulations governing the use; or (7) the proprietor of such trademark or mark uses such trademark or mark improperly that is likely to cause damage to others or the public. The revocation shall also apply in the case where the proprietor of the registered certification mark, collective mark or collective trademark who, knowingly or with reasonable grounds to know, shows no objection to the conduct as prescribed in the preceding paragraph by a licensee.

Trademark Act Article 93Nov. 30, 2016

Special provisions for grounds for revocation

The Registrar Office may, upon an application by any person or ex officio, revoke the registration of a certification mark, collective mark or collective trademark if:

(1) the certification mark is used by the proprietor of such mark as a trademark;
(2) the proprietor of the certification mark carries on a business of goods or services of the kind certified;
(3) the proprietor of the certification mark is no longer competent to certify another person’s goods or services to which the registration certification mark is designated;
(4) the proprietor of the certification mark discriminates against those who apply for certification;
(5) the proprietor of such trademark or mark transfers, licenses, or creates a pledge which falls under the preceding article;
(6) the proprietor of such trademark or mark does not manage or supervise the use pursuant to the regulations governing the use; or
(7) the proprietor of such trademark or mark uses such trademark or mark improperly that is likely to cause damage to others or the public.

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

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