Chapter 4 Trademark Rights

Article 27 Duration and renewal of trademark registration

Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.
A request for renewal may be filed within the trademark term; a trademark term of ten years shall be provided per successful renewal.

Article 28 Application for renewal

A request for renewal on trademark term shall be filed between six months before and after the term expiration; those file within six months after the term expiration shall pay the registration fee in double.
The term of renewal approved under the preceding paragraph shall commence from the date following the expiration of the last trademark term .

Article 29 Rights afforded by trademark registration

A right holder of a registered trademark shall enjoy the exclusive trademark rights with respect to the designated goods or services.
Unless otherwise provided in Article 30 of this Act, consent from the registered trademark right holder shall be required in any of the following conditions:
1. One who wishes to use a trademark that is identical to a registered trademark on identical goods or services;
2. One who wishes to use a trademark that is identical to a registered trademark on similar goods or services, and hence it is likely to cause confusion to relevant consumers; or
3. One who wishes to use a trademark that is similar to a registered trademark on the identical or similar goods or services, and hence it is likely to cause confusion to relevant consumers.

Article 30 Limitation on trademark rights: bona fide use; exhaustion of rights

Any of the following conditions shall be free from the capacity of trademark rights of a person:
1. One who, through means of bona fide and fair use, expresses the same one's name, title, or the name, shape, quality, function, place of origin, or other description with respect to the goods or services provided by the same one for non-trademark purposes.
2. Where a three-dimensional shape of the goods or the packaging thereof is indispensable for performing its intended function(s).
3. Where, prior to the filing date of a registered trademark, a person has been using bona fide an identical or similar trademark designating on the identical or similar goods or services. However, the aforementioned only is applicable to those goods or services on which such trademark has already been in use; the trademark right holder of the said registered trademark may request the said person to attach appropriate and distinguishing label(s).
Where goods bearing a registered trademark are traded or circulated in the marketplace by the trademark right holder or by an authorized person, or are offered for auction or disposal by a relevant agency, the right holder shall not claim trademark rights on the said goods. However, the aforementioned shall not apply in case of preventing deterioration or damage of goods or any other fair reasons.

Article 31 Division

A trademark right holder may request the Registrar Office to divide trademark rights used on the goods or services designated by a registered trademark.
A trademark right division stipulated in the preceding paragraph may also be requested before the final decision of an opposition or invalidation to a trademark.

Article 32 Amendments after registration

Any changes to a registered trademark shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.
No changes shall be made to a registered trademark and the designated use thereof on goods and services once the said trademark has been registered. However, the aforementioned does not apply to contraction on the scope of goods or services designated for use.
The provisions of paragraph 3 of Article 20 and paragraph 2 of the preceding article shall apply mutatis mutandis to any changes to a registered trademark.

Article 33 Recordation of license; marking requirements for licensee

A trademark right holder may license a person to use its registered trademark on part or whole of the designated goods or services thereof.
Licensing provided in the preceding paragraph shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party. The said provisions shall also apply in the case where a trademark is sub-licensed by its licensee with prior consent of the trademark right holder to a third party.
In the case where trademark rights have been assigned after licensing of a trademark was recorded, the assignee shall still be binded by the licensing agreement.
A licensee shall label a licensed trademark in a obvious and distinguishing way on whose goods, the packagings or containers thereof or trade-related articles or documents; in the case where labeling the aforementioned becomes evidently difficult, the licensing label may be shown at the place of business or on other relevant articles.

Article 34 Grounds for revocation of license recordation

Where a licensee violating against the provisions of paragraph 4 of preceding article, the Registrar Office shall, ex officio or upon request, notify the said licensee to correct within a prescribed period; licensing record shall be revoked for those who fail to correct within the said period.
Before the expiration of a licensing term, a concerned or an interested party may, by submitting relevant evidence(s), apply for revoking a licensing record under any of the following conditions:
1. Where the trademark right holder and the licensee have both agreed to terminate the licensing; the same provision shall also apply in the case of sub-licensing;
2. Where the licensing agreement expressly prescribes that either the trademark right holder or the licensee may terminate a licensing relationship at any time, and the declaration of termination has been made; or
3. Where a trademark right holder notifies the licensee to rescind or terminate the licensing agreement on account of breach by the said licensee, who has shown no objection thereto.

Article 35 Recordation of assignment

An assignment of trademark right(s) shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.

Article 36 Indication required of trademark proprietors to prevent confusion resulting from transfer

In the case an assignment of trademark right(s) has resulted in a situation where two or more trademark right holders have used the same trademark on similar goods or services, or have used similar trademarks on identical or similar goods or services and hence likely causing confusion to relevant consumers, all trademark right holders thereof shall affix appropriate and distinguishing label(s) while using their respective trademarks.

Article 37 Recordation of trademark-related pledge

A creation, change, or extinguishment of a pledge made by a trademark right holder shall be entered recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.
Where multiple pledges on trademark rights are created by a trademark right holder to secure the rights of its creditors, the sequence of pledge shall be determined by the precedence thereof.
During the term of a pledge, the pledgee shall not use the pledged trademark unless otherwise licensed by the trademark right holder thereof.

Article 38 Waiver of trademark rights

A trademark right holder may abandon its trademark right(s). However, one who has recorded a licensing or pledge and wishes to do so shall have consent from the licensee(s) or pledgee(s).
The abandonment in the preceding paragraph shall be made in writing to the Registrar Office.

Article 39 Grounds for lapse of trademark rights

The trademark right(s) shall ipso facto extinguish under any of the following conditions:
1. Where renewal was absent from pursuing to the provisions of Article 28 of this Act; or