|
Trademark
Law
Chapter
Five Opposition
¡@¡@Article
040 ~ Article 049
| Article
40 Period for filing opposition |
 |
|
Whenever
anyone considers that registration of a trademark is in violation
of any provisions of the first paragraph of Article 23 or the fourth
paragraph of Article 59, an opposition may be filed with the Trademark
Office within 3 months from the date of registration announcement.
The opposition as referred to in the preceding paragraph may be
directed towards part of the goods or services designated by the
trademark registration.
Opposition
shall be raised against each registered trademark respectively.
|
| Article
41 Procedures for opposition |
 |
|
Opposition
shall be raised by submitting in duplicate an opposition application
form which sets forth the facts and grounds for opposition. Supportive
documents, if any, annexed to the original copy of the opposition
application form shall accompany the duplicate copy thereof as well.
Where the Trademark Office considers that the opposition does not
conform with the procedures but can be remedied, notification to
remedy the error within a prescribed time limit shall be served.
The
Trademark Office shall send the duplicate copy of the opposition
application form and the documents annexed thereto as referred to
in the first paragraph to the trademark proprietor and specify a
time limit for filing a counter-statement.
|
| Article
42 Restriction on appointment of examiners |
 |
|
An
opposition shall be handled by an examiner other than the one who
was in charge of the application for the opposed trademark.
|
| Article
43 Serviceability of market survey report as evidence |
 |
|
The
opponent or the trademark proprietor may submit a market survey
report as evidence.
The Trademark Office shall give the opponent or the trademark proprietor
an opportunity to submit its opinions about the market survey report.
The
Trademark Office shall make a decision on the opposition based upon
the opinions expressed by the parties concerned in conjunction with
the results of the market survey.
|
| Article
44 Opposition proceedings unaffected by transfer of opposed mark |
 |
|
Where
the opposed trademark is transferred in the midst of opposition
proceedings, the opposition proceedings shall be handled unaffectedly.
The assignee of the trademark rights as referred to in the preceding
paragraph may indicate its interest to replace the position of the
original trademark proprietor for further handling of the opposition
proceedings.
|
| Article
45 Withdrawal of oppositions |
 |
|
An
opponent may withdraw its opposition before service of a decision
on the opposition.
Where an opponent has withdrawn its opposition, no opposition or
invalidation proceedings against the same trademark may be initiated
on the basis of the same facts, evidence and reasons as those upon
which the opposition was based.
|
| Article
46 Effect of successful opposition |
 |
|
Whenever,
upon examination, an opposition is rendered well-grounded, the Trademark
Office shall cancel registration of the opposed trademark.
|
| Article
47 Effect of decision on opposition |
 |
|
Where
the cause for cancellation as referred to in the preceding paragraph
is attributable to part of goods or services designated by the opposed
trademark registration, the cancellation may be limited to such
goods or services.
|
| Article
48 Limitation for initiating invalidation proceedings under certain
conditions |
 |
|
After
a decision to dismiss an opposition has been finalized, no invalidation
proceedings against the same trademark may be instituted by anyone
on the basis of the same facts, evidence and reasons as those upon
which the opposition was based.
|
| Article
49 Suspension of court proceedings |
 |
|
Whenever
civil or criminal action related to trademark rights is instituted
in the midst of the opposition proceedings against such trademark,
the court may suspend its proceedings until a final decision has
been rendered on the opposition.
|
|