Chapter 10 Supplementary Provisions

Article 84 Non-applicability of Article 26

The provisions of Article 26 shall not apply to a trademark or any other mark already registered prior to the enforcement of the amendment to this Act as of April 29, 2003.

Article 85 Transitory provisions (1)

A service mark already registered prior to the enforcement of the amendment to this Act as of April 29, 2003 shall be deemed as a trademark as of the said date.
A service mark application yet to be registered prior to the enforcement of the amendment to this Act as of April 29, 2003 shall be deemed as a trademark application as of the said date.

Article 86 Transitory provisions (2)

An associated trademark, associated service mark, associated collective mark or associated certification mark that was already registered prior to the enforcement of the amendment to this Act as of April 29, 2003 shall be deemed as an independent registered trademark or mark as of the said date; its registration term shall be the same as which originally granted.
An associated trademark application, associated service mark application, associated collective mark application or associated certification mark application that is yet to be registered prior to the enforcement of this Act shall be deemed as an independent trademark application or other mark application as of April 29, 2003 on which the amendment to this Act takes effect.
An applicant under the preceding paragraph may withdraw its application and request for a refund before receving the notice of approval regarding the said application.

Article 87 Transitory provisions (3)

A defensive trademark, defensive service mark, defensive collective mark or defensive certification mark already registered before the enforcement of the amendment to this Act as of April 29, 2003 shall be subject to the provisions in force at the time of its registration, and shall be changed to an independent registered trademark or mark before the expiration of the term of exclusive use; the trademark right of those fail to make the said change shall be extinguished.
A defensive trademark application, defensive service mark application, defensive collective mark application or defensive certification mark application yet to be registered before the enforcement of this Act shall be deemed as an independent trademark or mark application as of April 29, 2003 on which the amendment to this Act takes effect.
An applicant under the preceding paragraph may withdraw its application and request for a refund before receving the notice of approval regarding the said application.

Article 88 Transitory provisions (4)

With respect to a registered trademark or mark which is deemed as an independent mark in pursuance with paragraph 1 of Article 86, the three-year period set forth in Item (2), paragraph 1 of Article 57 shall commence from April 29, 2003 on which the amendment to this Act takes effect.
With respect to a registered trademark or mark which has been changed to an independent mark as provided under paragraph 1 of the preceding article, the three-year period set forth in Item (2), paragraph 1 of Article 57 shall commence from the date on which the said change takes place.

Article 89 Transitory provisions (5)

Where an application for trademark registration was approved prior to the enforcement and the said approval has not been invalidated upon the enforcement of the amendment to this Act, the said trademark shall be registered in pursuance with the provisions of this Act; the first installment of the payable registration fee shall be deemed to have been paid.
Where approval of a trademark application that was cancelled prior to the enforcement of the amendment to this Act on April 29, 2003 has been restored as the result of administrative remedial proceedings provided under the amendment to this Act, the said trademark shall be registered in pursuance with the provisions of the same amendment; the first installment of the payable registration fee shall be deemed to have been paid.

Article 90 Transitory provisions (6)

Registration of a trademark against which an opposition was filed and pending prior to the enforcement of the amendment to this Act shall be cancelled only in the case where the said trademark complies with conditions of violation set forth under provisions both before and after the enforcement of the amendment to this Act as of April 29, 2003; the proceedings thereof shall follow the provisions after the said enforcement.

Article 91 Transitory provisions (7)

Registration of a trademark against which an invalidation was filed and pending prior to the enforcement of the amendment to this Act shall be cancelled only in the case where the said trademark complies with conditions of violation set forth under provisions both before and after the enforcement of the amendment to this Act as of April 29, 2003; the proceedings thereof shall follow the provisions after the said enforcement.
Invalidation against a trademark, certification mark, or collective mark registered prior to the enforcement of the amendment to this Act as of April 29, 2003, shall only be requested or inquired in the case where the said trademark or mark complies with conditions of violation set forth under provisions both at the time of registration and after the enforcement of the amendment to this Act.

Article 92 Transitory provisions (8)

Provisions governing trademark revocation shall be applicable to trademark cancellation cases of which the decisions have not been rendered prior to the enforcement of the amendment to this Act.

Article 93 Enforcement Rules

The Enforcement Rules of this Act shall be prescribed by the competent authority.

Article 94 Effective date