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Law No. 71, Promulgated on Nov. 28, 1949
07/01/2001
: Revised Trademark Law
TABLE OF CONTENTS
As Last Amended by Law No. 5355, Aug. 22,
1997
Chapter I. General
Provisions
Chapter II. Requirements and
Application for Trademark Registration
Chapter III . Examination
Chapter IV. Trademark Registration
Fees and Redjstration of Trademarks
Chapter V. Trademark Right
Chapter VI. Protection of Owner
of Trademark Right
Chapter VII. Trial and Appellate
Thal
Chapter VIII. Retrial and Litigation
Chapter IX. Supplementary Provisions
Chapter X. Penal Provisions
CHAPTER I : General Provisions
Article 1 Purpose174
Article 2 Definitions174
Article 3 Persons Entitled to Register a Trademark175
Article 4 Persons Entitled to Register a Business Emblem 175
Article 5 Mutatis Mutandis Application of Provisions of the Patent Law175
CHAPTER ¥±: Requirements for Trademark Registration and Application
Therefor
Article 6 Requirements for Trademark Registration175
Article 7 Unregistrable Trademarks176
Article 8 First-to-File Rule179
Article 9 Application for Trademark Registration180
Article 10 One Application for One Trademark181
Article 11 Deleted181
Article 12 Transfer and Partial Assignment of Application for Registration
of a Trademark, etc.181
Article 13 Amendment of Procedure182
Article 14 Amendment Before Decision of Publication of Application 182
Article 15 Amendment After Decision of Publication of Application 183
Article 16 Material Change of Application183
Article 17 Rejection of Amendment184
Article 18 Division of Application for Trademark Registration 184
Article 19 Conversion of Application185
Article 20 Priority Claim under Treaty185
Article 21 Special Provisions as to Time of Filing an Application 186
CHAPTER ¥² : Examination
Article 22 Examination by Examiner187
Article 22bis Request, etc. for Inspection of Trademark by Specialized Searching
Agency 187
Article 23 Ruling of Refusal and Notification of Reasons for Refusal 188
Article 24 Publication of Application188
Article 25 Opposition to Trademark Registration189
Article 26 Amendment of Reasons for Opposition to Trademark Registration
189
Article 27 Decision on Opposition to Trademark Registration 189
Article 28 Ruling of Refusal Made Ex Officio after Publication190
Article 29 Concurrent Oppositions to Trademark Registration 190
Article 30 Ruling on Registration of Trademark191
Article 31 Method of Decision191
Article 32 Suspension of Examination or Litigation Proceedings 191
Article 33 Mutatis Mutandis Application of Provisions of the Patent Law191
CHAPTER ¥³ : Trademark Registration Fees and Registration of Trademarks
Article 34 Trademark Registration Fees192
Article 35 Extension of Payment Period for Trademark Registration Fees 192
Article 36 Abandonment of Application for Registration of Trademark as a
Consequence of
Nonpayment of Trademark Registration Fees192
Article 37 Official Fees192
Article 38 Refund of Trademark Registration Fees193
Article 39 Trademark Register193
Article 40 Issuance of Certificate of Registration of Trademark 194
CHAPTER ¥´ : Trademark Right
Article 41 Registration of Establishment of Trademark Right 194
Article 42 Term of Trademark Right194
Article 43 Application for Registration for the Renewal of Term 194
Article 44 Division of Application for Registration for Renewal of Term of
Trademark Right195
Article 45 Ruling of Refusal of Application for Registration for Renewal
of Term and
Notification of Reasons for Refusal195
Article 46 Effects of Application for Registration for Renewal of Term of
a Trademark Right, etc.196
Article 47 Application for Supplementary Registration of Designated Goods
196
Article 48 Ruling of Refusal of Application for Supplementary Registration
of Designated
Goods and Notification of Reasons for Refusal197
Article 49 Mutatis Mutandis Application of Provisions of the Patent Law 197
Article 50 Effects of Trademark Right198
Article 51 Limitations of Trademark Right198
Article 52 Extent of Protection of Registered Trademark, etc. 198
Article 53 Relationship with Another Design Right, etc.199
Article 54 Assignment and Joint Ownership of Trademarks, etc. 199
Article 54bis Division of Trademark Right200
Article 55 Exclusive License200
Article 56 Effects of Registration on Trademark Right and Exclusive License
200
Article 57 Non-exclusive License201
Article 58 Effects of Registration of Non-exclusive License, etc. 201
Article 59 Abandonment of Trademark Right202
Article 60 Restriction on Abandonment of Trademark Right, etc. 202
Article 61 Effect of Abandonment202
Article 62 Pledge203
Article 63 Subrogation for Right of Pledge203
Article 64 Extinguishment of Trademark Right203
CHAPTER ¥µ : Protection of Owner of Trademark Right
Article 65 Injunction, etc., Against Infringement203
Article 66 Acts Deemed to be Infringement204
Article 67 Presumption, etc., of Amount of Damage204
Article 68 Presumption of Intent205
Article 69 Measures for Recovery of Business Reputation of Owner of Trademark
Right, etc.205
Article 70 Submission of Documents205
CHAPTER ¥¶ : Trial
Article 70bis Trial against Ruling of Refusal205
Article 70ter Trial against Decision of Rejection of Amendment 206
Article 71 Invalidation Trial of Trademark Registration206
Article 72 Invalidation Trial of Registration for Renewal of Term of Trademark
Right207
Article 73 Trial for Cancellation of Trademark Registration 207
Article 74 Trial for Cancellation of Registration of Exclusive or Non-exclusive
License209
Article 75 Trial to Confirm Scope of Trademark Right209
Article 76 Statute of Limitation210
Article 77 Mutatis Mutandis Application of Provisions of the Patent Law210
Article 78 Deleted210
Article 79 Formal Requirements for Requesting a Trial against Examiner's
Ruling of Refusal
or the Decision of Rejection of Amendment210
Article 80 Deleted211
Article 81 Mutatis Mutandis Application of Provisions Concerning Examination
in the Trial
against the Ruling of Refusal211
Article 82 Special Provisions of Trial against the Ruling of Refusal or the
Decision of
Rejection of Amendment211
CHAPTER ¥· : Retrial and Litigation
Article 83 Request for Retrial212
Article 84 Request for Retrial on Account of Collusion212
Article 85 Restriction on Effects of Trademark Rights Restored by Retrial
212
Article 86 Mutatis Mutandis Application of Provisions of the Patent Law213
CHAPTER ¥¸ : Supplementary Provisions
Article 87 Inspection of Documents, etc.213
Article 88 Prohibition of Opening or Removal of Trademark Register and Documents
Relating
to Application for Trademark Registration, Examination, Trial and Retrial
213
Article 89 Trademark Gazette214
Article 90 Indication of Trademark Registration214
Article 91 Prohibition of False Indication214
Article 91bis Special Provision for Trademark etc. similar to Registered
Trademarks 215
Article 92 Mutatis Mutandis Application of Provisions of the Patent Law215
CHAPTER ¥¹ : Penal Provisions
Article 93 Offense of Infringement215
Article 94 Offense of Perjury215
Article 95 Offense of False Marking216
Article 96 Offense of Fraud216
Article 97 Dual Liability216
Article 97bis Confiscation216
Article 98 Administrative Fine217
ADDENDUM
Article 1 Date of Entry into Force218
Article 2 Transitional Measures as to Application for Trademark Registration,
etc. 218
Article 3 Transitional Measures as to Trial against Registered Trademark,
etc. 218
Article 4 Transitional Measures as to Associated Trademark 218
Article 5 Transitional Measures as to Trial for Revocation of Trademark Registration
219
Article 6 Transitional Measures as to Three-Dimensional Trademark 219
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