Grounds for invalidation; proof of use of earlier trademark
An interested party may file invalidation with the Registrar Office, or a trademark examiner may submit a proposal to the Registrar Office for invalidation, against a trademark 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.
An applicant who file an invalidation with the Registrar Office against a trademark registration on the grounds that such registration falls under Subparagraph 10 of Paragraph 1 of Article 30 shall furnish proof that, during the period of three years preceding the date of the application for invalidation, the earlier trademark has been used in connection with the goods or services in respect of which it is registered and which he/she cites as justification for his/her application, or that there are proper reasons for non-use, provided the earlier trademark has at that date been registered for not less than three years.
The proof of use furnished pursuant to the preceding paragraph shall be capable of establishing the genuine use of the trademark in accordance with general commercial practices.

Time limit on filing invalidation and exception
No invalidation shall be filed, or no proposal for an invalidation shall be submitted, against a trademark registration on the grounds that such registration falls under Subparagraph 1 or 3 of Paragraph 1 of Article 29, any of Subparagraphs 9 through 15 of Paragraph 1 of Article 30, or Paragraph 3 of Article 65 if the registration has at that date been published for not less than five years.
The period referred to in the preceding paragraph shall not apply to the invalidation against a trademark registration on the grounds that such registration falls under Subparagraph 9 or 11 of Paragraph 1 of Article 30 if the registration was applied for in bad faith.

Invalidation procedure
An examination on an application for invalidation shall be conducted by an invalidation panel consisting of three or more examiners assigned by the head of the Registrar Office.

Effect of sustained invalidation
Where invalidation against a registered trademark is sustained, such registration shall be cancelled. However, if the circumstance on which the trademark is not registrable no longer exists, a disposition to overrule such invalidation may be rendered upon considering the need for proportionality between the interests of the public and the interests of the concerned parties.

Ne bis in idem
Where a disposition of invalidation against a registered trademark was rendered, no one shall file another invalidation against such trademark based on the same facts, evidence and grounds as those in the earlier invalidation.

Provisions applied mutatis mutandis to invalidation
Paragraphs 2 and 3 of Article 48, Articles 49 through 53, and Article 55 shall apply mutatis mutandis to an invalidation of a registered trademark.