Chapter 6 Invalidation and Revocation

Section 1 Invalidation

Article 50 Grounds for initiating invalidation proceedings

Where the registration of a trademark violates provisions of paragraph 1 of Article 23 or paragraph 4 of Article 59, a concerned party or a trademark examiner may request or inquire the Registrar Office to invalidate the said registration.
The provisions of the preceding paragraph shall mutatis mutandis apply in the case where a trademark has infringed copyrights, patent rights or other rights of another person before registration thereof, and the said infringement has been affirmed upon judgment rendered by a court.

Article 51 Incontestability of registration under certain conditions

No one shall request or inquire invalidation against a trademark of which the registration violates conditions prescribed under provisions of Items (1) and (2) and Items (12) through (17), paragraph 1 of Article 23, or paragraph 4 of Article 59 and where five years has passed since the publishing date thereof.
No one shall request or inquire invalidation where five years has passed since the date on which a judgement as prescribed in paragraph 2 of the preceding article became affirmed.
The prescribed period set forth in paragraph 1 shall not apply to a trademark of which the registration complies mala fide with the provisions of Item (12), paragraph 1 of Article 23.

Article 52 Applicability of new and old Trademark Laws

Whether a trademark to be invalidated violates the law shall be determined by the provisions of the law in effect at the time of publication for trademark registration.

Article 53 Review of trademark invalidation proceedings

A trademark invalidation shall be examined by three or more invalidation committee examiners appointed by the head of the Registrar Office.

Article 54 Effect of decision on invalidation proceedings

Registration of a trademark of which invalidation was affirmed shall be invalidated. However, in the case where the cause on which the invalidation was based no longer exists at the time of examination for the said invalidation, a decision to dismiss the said invalidation may be rendered upon considering the interests of the public and the concerned parties.

Article 55 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 trademark of which an invalidation decision was affirmed.

Article 56 Applicability of other provisions

The provisions of paragraphs 2 and 3 of Article 40, paragraphs 1 and 2 of Article 41, Articles 42 through 45, Article 47 and Article 49 shall apply mutatis mutandis to invalidation against trademark.

Article 57 Grounds and proceedings for cancellation of registration; effect of cancellation

In the case where any of the following conditions occurs after the registration of a trademark, the Registrar Office shall, ex officio or upon an application, revoke the said registration:
1. Where a trademark was self-altered or supplemented with additional notes whereby the trademark has caused likelihood of confusion to relevant consumers by being identical or similar to a registered trademark of another person of which is used on the same or similar goods or services;
2. Where, without valid reasons, a trademark has not yet been put into use or has been suspended from use continuously for three years after registration. However, the aforementioned shall not apply to one that is in use by a licensee;
3. Where no appropriate and distinguishing label(s) is affixed pursuant to Article 36. However, the aforementioned shall not apply to to those causing no likelihood of confusion by affixing distinguishing label(s) before disposition by the Registrat Office;
4. Where a trademark has become a common sign, name or shape of the goods or services as designated for the said trademark;
5. Where practicing a trademark causes likelihood to mislead the public with respect to the nature, quality or place of origin of the goods or services designated by the trademark; or
6. Where the use of the trademark has been affirmed by judgment of a court to infringe the copyrights, patent rights or other rights of another person.
The aforementioned shall also apply in the case where a trademark right holder is or may be aware of but has shown no objection to the conduct as prescribed in Item (1) of preceding paragraph by a licensee thereof.
A trademark, which is subject to Item (2) of the preceding paragraph, that has been restored for use at the time of requesting for revocation by another person shall not be revoked, unless the said use had occurred within three months before the said revocation request owing to understanding thereof.
A revocation may be made on only part of the designated goods or services of a registered trademark where reason(s) for revocation exists.

Article 58 Special provision for trademark use

A trademark right holder shall be deemed to have used whose registered trademark under any of the following conditions:
1. Where the trademark in actual use differs from the registered one yet commonly recognized in society to have preserved the sameness; or
2. Where, for export purposes, a registered trademark has been labeled on goods or on other relevant articles thereto.

Article 59 Procedures for cancellation proceedings

The Registrar Office shall notify the trademark right holder the reason(s) of revocation, and shall also set a period for defencing. A revocation may be dismissed at once if no solid fact or evidence is available or the claims have failed to demonstrate obvious ground.
Upon receiving of notice of defence for condition set forth under Item (2), paragraph 1 of Article 57, a trademark right holder shall prove with fact(s) of use thereof; registration for those who have failed to defend within the prescribed time may be revoked at once.
Fact proving the use of a trademark presented by the trademark right holder set forth under the preceding paragraph shall comply with the general practice of trade.
A trademark right holder, whose registration was revoked owing to compliance to Items (1) and (6), paragraph 1 of Article 57, shall not register, be assigned or licensed within three years counting from the date of revocation to use a trademark that is identical or similar to the said revoked trademark on the same or similar goods or services; the aforementioned shall also apply to whom disclaiming whose trademark rights before disposition issued by the Reigstrar Office.

Article 60 Applicability of other provisions