Article 31~41 |
Article 31
In applying to record a pledge on trademark rights, the applicant shall submit a request specifying the name of the trademark, the registration number, the amount of liability, and the term of pledge created, together with the following documents based on the item(s) to be recorded:
1. In the case of recording a pledge creation, the pledge agreement and other documents proving the same.
2. In the case of recording the change of a pledge, the certificate of change.
3. In the case of recording the extinguishment of a pledge, the liability discharge certificate or other documents proving that the pledgee agrees to cancel the recordation of the pledge creation.
The term of pledge to be recorded shall be confined to the term of the trademark rights. If the term of pledge as agreed exceeds the term of the trademark rights, the last date of the term of pledge shall fall on the expiration date of the term of the trademark rights. If the term of the trademark rights has been renewed, a request for recordation of the pledge creation shall be additionally submitted. |
Article 32
If a trademark registration certificate is damaged, destroyed or lost, the trademark right holder shall apply for issuance of a replacement certificate or re-issuance of the certificate by submittal of a written statement indicating the grounds.
When a replacement certificate is issued or a certificate is re-issued pursuant to the preceding paragraph, the original registration certificate shall be nullified by a public notice. |
Article 33
In the case of ipso facto extinguishment of trademark rights under Article 39 of the Act, the date of extinguishment shall be as follows:
1. The date following the expiration date of the term of the trademark rights, if no renewal is made pursuant to the provisions of Article 28; or
2. The time of death, if the trademark right holder dies without an heir. |
Article 34
In requesting for an opposition under Article 40 of the Act, the applicant shall file an opposition request and a duplicate copy thereof, together with two sets of the relevant evidence. However, the Registrar Office, when deems necessary, may notify the opposer to submit a certificate of identification or a certificate of incorporation.
In case the facts and grounds in respect of the opposition are unspecific or incomplete, the Registrar Office may notify the opposer to make corrections within a given time limit.
The opposer may make changes or additions to the facts and grounds as claimed within three months upon the date of publication of the trademark registration. |
Article 35
A trademark right holder, while defending against an opposition pursuant to paragraph 3 of Article 41 of the Act, shall provide the defense in writing and a duplicate copy thereof within the time limit prescribed by the Registrar Office.
The Registrar Office shall deliver such duplicate of the defense under the preceding paragraph to the opposer. |
Article 36
The provisions of paragraphs 1 and 2 of Article 34 and Article 35 shall apply mutatis mutandis to a request for invalidation or revocation of another person's trademark registration. |
Article 37
When submitting documentary evidence and articles in relation to a trademark claims retrieval in advance, such retrieval shall be completed within thirty days after the particular case has been concluded. |
Article 38
In applying for a certification mark registration, the applicant shall submit an application specifying the following information:
1. Goods or services to be certified;
2. Contents to be certified by the certification mark;
3. Requirements for labeling the certification mark;
4. Applicant's qualifications or capability to do the certification;
5. Manners governing the use of the certification mark; and
6. A declaration made by the applicant stating that he/she does not engage in the manufacturing and marketing of the goods to be certified or provision of the services to be certified. |
Article 39
In applying to register a collective membership mark or a collective trademark, the applicant shall submit an application together with the certificate of incorporation and the set of articles governing the use of the collective membership mark or collective trademark.
The set of articles governing the use specified in the preceding paragraph shall contain the qualifications of the members and the manners controlling the use of the collective membership mark or collective trademark. |
Article 40
These Regulations relating to trademarks shall apply mutatis mutandis to certification marks, collective membership marks and collective trademarks as the case may be. |
Article 41
These Enforcement Rules shall come into force from the date of promulgation. |
