Chapter 5
Opposition

Article 40
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
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
An opposition shall be examined by examiner(s) who have never taken part in the original trademark examination.

Article 43
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
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
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An opposing party who has withdrawn an opposition shall not request once more an opposition or invalidation against the same trademark based on the same fact(s), the same evidence(s), and the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
A trademark registration shall be cancelled once an oppostion thereof has been affirmed after examination.

Article 47
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
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
Where a civil or criminal litigation in connection with trademark rights was initiated during the proceeding of an opposition against the same trademark, the said litigation may be suspended until the decision of the opposition has been rendered.

Chapter 6
Invalidation and Revocation

Section 1 Invalidation

Article 50
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 judgement rendered by a court.

Article 51
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
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
A trademark invalidation shall be examinined by three or more invalidation committee examiners appointed by the head of the Registrar Office.

Article 54
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
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
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.

Section II Revocation

Article 57
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
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
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.