Right conferred by registered trademark and duration of registration
The proprietor of a registered trademark shall have the exclusive right of the trademark for a period of ten years from the date of publication for registration.
The period of the trademark right may be renewed, and the duration of each renewal period shall be ten years.

Renewal of registration
A request for renewal of the trademark right shall be made, and the renewal fee paid, within six months before the expiry of the period of the trademark right; failing this, the request may be made and the fee paid in double within such further period of six months from the day following the date of expiry of the period of the trademark right.
Renewal referred to in the preceding paragraph shall take effect from the day following the date of expiry of the previous period of the trademark right.

Right in registered trademark
The proprietor of a registered trademark has the exclusive right in the trademark in relation to the designated goods or services.
Unless otherwise prescribed in Article 36 of this Act, consent of the proprietor of a registered trademark shall be required in any of the following:
(1)Using a trademark which is identical with the registered trademark in relation to goods or services which are identical with those for which it is registered;
(2)Using a trademark which is identical with the registered trademark and used in relation to goods or services similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers; or
(3)Using a trademark which is similar to the registered trademark and used in relation to goods or services identical with or similar to those for which the registered one is designated, and hence there exists a likelihood of confusion on relevant consumers.
A trademark may, if registered, be displayed with the words “registered trademark” or the internationally used symbol for registration (the letter R enclosed within a circle).

Limits on effect of registered trademark
A registered trademark shall not entitle the proprietor to prohibit a third party from:
(1)Indicating his/her own name, or the term, shape, quality, nature, characteristic, intended purpose, place of origin, or any other description in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters and not using it as a trademark;
(2)Indicating the purpose of use of goods or services in accordance with honest practices in industrial or commercial matters, where it is necessary to use the registered trademark to indicate goods or services of the proprietor. It shall not apply if there exists a likelihood of confusion among relevant consumers as a result of such use;
(3)Using where it is necessary for the goods or services to be functional; or
(4)Using bona fide, prior to the filing date of the registered trademark, an identical or similar trademark on goods or services identical with or similar to those for which the registered trademark is protected, provided that the use is only to the original extent; the proprietor of the registered trademark is entitled to request the party who use the trademark to add an appropriate and distinguishing indication.
Where goods have been put on the domestic or foreign market under a registered trademark by the proprietor or with his/her consent, the proprietor is not entitled to claim trademark rights on such goods, unless such claim is to prevent the condition of the goods been changed, impaired, reprocessed or reformed by a third party after such goods have been put on the market or there exist other legitimate reasons.

Division of registration
The proprietor of a registered trademark may request the Registrar Office to divide the registration into two or more registrations by distributing the designated goods or services included in the original registration among divisional registrations.

Change and correction of registration; time limit on division and restriction
No amendments shall be made to the reproduction of a trademark and the designated goods or services thereof after the trademark has been registered, unless such amendment is a restriction of designated goods or services.
Articles 24 and 25 shall apply mutatis mutandis to any change or correction of the particulars of a trademark registration.
If an application for opposition, invalidation or revocation has been entered at the Registrar Office against a registered trademark, any division of the registration or restriction of the designated goods or services shall be requested before the disposition of the application is rendered.

Entry of license in the Register
A registered trademark may be licensed by the proprietor, exclusively or non-exclusively, for all or some of the designated goods or services for which it is registered and for a particular locality.
A license referred to in the preceding paragraph shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.
If the trademark right have been transferred after the license is entered in the Register, the transferee is still bound by the licensing contract.
If the entry of an exclusive license is requested by the proprietor of a registered trademark after a non-exclusive license is entered in the Register, such non-exclusive license shall not be affected.
An exclusive licensee is entitled, within the scope of the license, to exclude the proprietor and any third party from using the registered trademark.
Unless otherwise prescribed in a licensing contract, an exclusive licensee is entitled, within the scope of the license, to bring infringement proceedings in his/her own name.

Entry of sub-license in the Register
Unless otherwise prescribed in a licensing contract, an exclusive licensee is entitled, within the scope of the license, to sub-license the registered trademark to another person.
A non-exclusive licensee shall not sub-license the registered trademark to another person, unless the proprietor or the exclusive licensee consents to the sub-license.
A sub-license shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.

Removal of license from the Register
Before the expiry of the period of a license, a concerned or an interested party may, by submitting relevant evidence, request the Registrar Office to remove the license from the Register under any of the following:
(1)Both the proprietor of the registered trademark and the licensee agree to terminate the license; such request shall also apply to the sub-license;
(2)Where the licensing contract expressly prescribes that either the proprietor or the licensee may terminate the license at any time, the concerned party declares the termination;
(3)Due to the licensee’s breaching the licensing contract, the proprietor gives such licensee a notice of rescinding or terminating the licensing contract, and the licensee shows no objection thereto; or
(4)There is other relevant evidence capable of establishing that the license no longer exists.

Entry of transfer in the Register
A transfer of trademark right shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.

Addition to appropriate and distinguishing indication
If, due to a transfer of trademark right, two or more proprietors use an identical trademark on similar goods or services or similar trademarks on identical or similar goods or services, and hence there exists a likelihood of confusion on relevant consumers, each proprietor shall add an appropriate and distinguishing indication while using his/her own trademark.

Entry of pledge in the Register
A creation, change, or extinguishment of a pledge made by the proprietor of a registered trademark shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.
Where a proprietor creates multiple pledges on his/her trademark right for the purpose of securing multiple creditors’ rights, the ranks of these pledges shall be decided by the order of the entry in the Register.
A pledgee in respect of right in a registered trademark shall not use such trademark unless otherwise licensed by the proprietor thereof.

Abandonment of registration
The proprietor of a registered trademark may abandon his/her trademark right. However, if a license or a pledge has entered in the Register, the proprietor shall get the consent of the licensee or pledgee.
The abandonment referred to in the preceding paragraph shall be made in writing to the Registrar Office.

Disposition of right of jointly owned trademark
Any license, sub-license, transfer, abandonment of, or creation of pledge on the right in a jointly owned trademark or any transfer of or creation of pledge on the share in a jointly owned trademark shall have the consent of all joint proprietors, unless such right or share is transferred by succession, compulsory execution, a judgment of the court or operation of other law.
The proviso to Paragraph 2 of Article 28 and Paragraph 3 of same Article shall apply mutatis mutandis to a joint proprietor’s abandonment of his/her share.
Where a joint proprietor dies with no successor or ceases to exist with no assumer, Paragraph 4 of Article 28 shall apply mutatis mutandis to the distribution of such joint proprietor’s share.
Paragraph 5 of Article 28 shall apply mutatis mutandis to a restriction or division of the designated goods or services of a jointly owned registered trademark.

Extinguishment of registration
Right of a registered trademark shall become extinguished under any of the following:
(1)Where the right is not renewed pursuant to Article 34, such right shall become extinguished from the day following the date of expiry of the period of such right.
(2)Where the proprietor of such trademark dies with no successor, such right shall become extinguished from the day following the date of death of such proprietor; or
(3)Where the right is abandoned pursuant to Article 45, such right shall become extinguished from the date of receipt of a written statement on the abandonment at the Registrar Office.