Chapter 5 Opposition

Article 40 Period for filing opposition

In the case where the registration of a trademark violates the provisions of paragraph 1 of Article 23 or paragraph 4 of Article 59, anyone may file an opposition with the Registrar Office within three months from the publishing date of the said trademark.
The opposition set forth in the preceding paragraph may be made to part of the goods or services designated for use by a registered trademark .
Opposition shall be filed separately against each registered trademark.

Article 41 Procedures for opposition

Any person who requests for an opposition shall submit an opposition application stating the fact(s) and ground(s) along with a duplicate copy thereof. Any attachments to the said opposition application shall also be enclosed with the said duplicate copy.

The Registrar Office shall issue a notice informing whom to make a correction within a prescribed time period to a procedurally restorable opposition.
The Registrar Office shall forward the duplicate copy stipulated in paragraph 1 along with any attachments thereof to the trademark right holder, who shall defend with in a prescribed time period.

Article 42 Restriction on appointment of examiners

An opposition shall be examined by examiner(s) who have never taken part in the original trademark examination.

Article 43 Serviceability of market survey report as evidence

An opposing party or a trademark right holder may present a market survey report as evidence.
The Registrar Office shall offer an opposing party or a trademark right holder with an opportunity to comment on a market survey report.
The Registrar Office shall make a decision consolidating all comments stated by the parties concerned along with conclusion of a market survey report.

Article 44 Opposition proceedings unaffected by transfer of opposed mark

An assignment of a trademark of which an opposition has been requested underway shall have no effect on the proceedings of the said opposition.
An assignee of trademark rights set forth in the preceding paragraph may declare to be the opposed party to continue opposition proceedings.

Article 45 Withdrawal of oppositions

An opposing party may withdraw whose opposition before the delivery of the opposition decision thereof.
An opposing party who has withdrawn an opposition shall not request once more an opposition or invalidation against the same trademark based on the same fact(s), the same evidence(s), and the same ground(s).

Article 46 Effect of successful opposition

A trademark registration shall be cancelled once an oppostion thereof has been affirmed after examination.

Article 47 Effect of decision on opposition

A cancellation may be made on only part of the designated goods or services where reason(s) for cancellation provided in the preceding article exists.

Article 48 Limitation for initiating invalidation proceedings under certain conditions

No one shall request for an invalidation based on the same fact(s), the same evidence(s), and the same ground(s) against a registered trademark of which an opposition decision was affirmed.

Article 49 Suspension of court proceedings