Chapter II Trademark
Section IV Opposition
Grounds for opposition and time limit on filing
Any person may file an opposition to registration of a trademark with the Registrar Office within three months from the day following the date of publication of registration on the grounds that such registration falls under Paragraph 1 of Article 29, Paragraph 1 of Article 30, or Paragraph 3 of Article 65.
The opposition referred to in the preceding paragraph may be filed for some of the designated goods or services of the registered trademark.
An application for opposition shall be filed against a single registered trademark.
Any person who opposes a registered trademark shall file an application stating the facts and grounds along with a copy thereof. Any attachments to the application shall also be enclosed with the copy.
The Registrar Office shall serve the copy on the proprietor of opposed trademark, who may make observations to the opposition within the prescribed period; where the proprietor files the observations, the Registrar Office shall serve a copy of the observations on the opponent, who may comment on the observations of the proprietor within the prescribed period.
Where the observations filed pursuant to the preceding paragraph is likely to delay the proceedings, or where the facts and evidence are sufficiently clear, the Registrar Office may conduct opposition proceedings directly without giving the opposite party a notice to make observations.
Provisions govern in opposition
With respect to the grounds for an opposition to a registered trademark, the provisions in effect at the time of the said trademark publication of registration shall govern, unless otherwise prescribed in Paragraph 1 and Paragraph 3 of Article 106.
Avoidance of examiner in opposition
An application for opposition to a trademark shall be examined by an examiner, who did not participate in the examination of the application for registration of the opposed trademark.
Invariance of concerned party in opposition
A transfer of the right of a trademark of which the opposition proceedings is underway shall have no effect on the said opposition proceedings.
A transferee of trademark right referred to in the preceding paragraph may declare to assume the position of the opposed party in the opposition proceedings.
Withdraw of opposition
An opponent may withdraw his/her opposition to a registered trademark before the disposition of such opposition is rendered.
An opponent who withdrew his/her opposition to a registered trademark shall not file an opposition once more or invalidation against such opposed trademark based on the same facts, evidence and grounds as those in the withdrawn opposition.
Effect of sustained opposition
Where an opposition to a registered trademark is sustained, the registration of the opposed trademark shall be cancelled.
Cancellation of some goods or services
Where grounds for cancellation referred to in the preceding article exist in respect of some of the designated goods or services of the registered trademark, the registration may only be cancelled in respect of those goods or services.
Ne bis in idem
Where a disposition of the opposition to a registered trademark became final, no one shall file any invalidation against such opposed trademark based on the same facts, evidence and grounds as those in the opposition.