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.