Chapter 10
Supplementary Provisions
Article 84
The provisions of Article 26 shall not apply to a trademark or any
other mark already registered prior to the enforcement of the
amendment to this Act as of April 29, 2003.
Article 85
A service mark already registered prior to the enforcement of the
amendment to this Act as of April 29, 2003 shall be deemed as a
trademark as of the said date.
A service mark application yet to be registered prior to the
enforcement of the amendment to this Act as of April 29, 2003 shall
be deemed as a trademark application as of the said date.
Article 86
An associated trademark, associated service mark, associated
collective mark or associated certification mark that was already
registered prior to the enforcement of the amendment to this Act as
of April 29, 2003 shall be deemed as an independent registered
trademark or mark as of the said date; its registration term shall
be the same as which originally granted.
An associated trademark application, associated service mark
application, associated collective mark application or associated
certification mark application that is yet to be registered prior to
the enforcement of this Act shall be deemed as an independent
trademark application or other mark application as of April 29, 2003
on which the amendment to this Act takes effect.
An applicant under the preceding paragraph may withdraw its
application and request for a refund before receiving the notice of
approval regarding the said application.
Article 87
A defensive trademark, defensive service mark, defensive collective
mark or defensive certification mark already registered before the
enforcement of the amendment to this Act as of April 29, 2003 shall
be subject to the provisions in force at the time of its
registration, and shall be changed to an independent registered
trademark or mark before the expiration of the term of exclusive
use; the trademark right of those fail to make the said change shall
be extinguished.
A defensive trademark application, defensive service mark
application, defensive collective mark application or defensive
certification mark application yet to be registered before the
enforcement of this Act shall be deemed as an independent trademark
or mark application as of April 29, 2003 on which the amendment to
this Act takes effect.
An applicant under the preceding paragraph may withdraw its
application and request for a refund before receiving the notice of
approval regarding the said application.
Article 88
With respect to a registered trademark or mark which is deemed as an
independent mark in pursuance with paragraph 1 of Article 86, the
three-year period set forth in Item (2), paragraph 1 of Article 57
shall commence from April 29, 2003 on which the amendment to this
Act takes effect.
With respect to a registered trademark or mark which has been
changed to an independent mark as provided under paragraph 1 of the
preceding article, the three-year period set forth in Item (2),
paragraph 1 of Article 57 shall commence from the date on which the
said change takes place.
Article 89
Where an application for trademark registration was approved prior
to the enforcement and the said approval has not been invalidated
upon the enforcement of the amendment to this Act, the said
trademark shall be registered in pursuance with the provisions of
this Act; the first installment of the payable registration fee
shall be deemed to have been paid.
Where approval of a trademark application that was cancelled prior
to the enforcement of the amendment to this Act on April 29, 2003
has been restored as the result of administrative remedial
proceedings provided under the amendment to this Act, the said
trademark shall be registered in pursuance with the provisions of
the same amendment; the first installment of the payable
registration fee shall be deemed to have been paid.
Article 90
Registration of a trademark against which an opposition was filed
and pending prior to the enforcement of the amendment to this Act
shall be cancelled only in the case where the said trademark
complies with conditions of violation set forth under provisions
both before and after the enforcement of the amendment to this Act
as of April 29, 2003; the proceedings thereof shall follow the
provisions after the said enforcement.
Article 91
Registration of a trademark against which an invalidation was filed
and pending prior to the enforcement of the amendment to this Act
shall be cancelled only in the case where the said trademark
complies with conditions of violation set forth under provisions
both before and after the enforcement of the amendment to this Act
as of April 29, 2003; the proceedings thereof shall follow the
provisions after the said enforcement.
Invalidation against a trademark, certification mark, or collective
mark registered prior to the enforcement of the amendment to this
Act as of April 29, 2003, shall only be requested or inquired in the
case where the said trademark or mark complies with conditions of
violation set forth under provisions both at the time of
registration and after the enforcement of the amendment to this Act.
Article 92
Provisions governing trademark revocation shall be applicable to
trademark cancellation cases of which the decisions have not been
rendered prior to the enforcement of the amendment to this Act.
Article 93
The Enforcement Rules of this Act shall be prescribed by the
competent authority.
Article 94
This Act shall come into force six (6) months after the date of
promulgation thereof. |