Main Points for Determining An Interested Party under the Trademark Act (2004.5.1. implemented)

Main Points for Determining An Interested Party under the Trademark Act

Amended and Promulgated on April 28, 2004
Implemented on May 1, 2004

1. These main points are prescribed for the application of Article 50 of the Trademark Act (hereinafter referred to as "this Act").

2. A person is an interested party if he or she

(1) is a party to a suit involving the trademark at issue; or

(2) is a party to a dispute involving another trademark related to the trademark at issue; or

(3) is a competitor in the same trade who deals with goods or services that are identical or similar to those covered by the trademark at issue; or

(4) claims that the trademark at issue is identical or similar to his or her trademark or mark, and that he or she is the prior user , and an assignee, licensed user, or an agent of the trademark or mark; or

(5) claims to be the owner, or a licensed user or an agent, of a registered trademark or mark, to which the trademark at issue is identical or similar; or

(6) claims that the trademark at issue is identical or similar to his or her name, whether the person be an individual, entity, juristic person, or other group; or

(7) whose application for the trademark registration of the trademark at issue violates an agreement executed by and between the owner of the trademark and another party -- the other party to the agreement; or

(8) is an applicant whose trademark application has been disapproved by the competent authority on the basis of the trademark at issue; or

(9) claims that the trademark at issue is identical or similar to his or her trademark in a pending application, and is used on the same or similar goods or services; or

(10) claims that his or her rights or interests are affected by the registration of the trademark at issue.

3 A person who claims to be an interested party must present evidence and explains how his or her rights or interests are affected by the registration of a trademark.

4. In deciding whether an applicant is an interested party, the competent authority will perform a formality examination of the evidence presented thereby.

5. Whether a person is an interested party depends on the facts presented at the time the application was filed. However, a person who meets the requirements for of an interested party at the time the competent authority makes the decision decides the case or during the course of an administrative remedy proceeding, he or she may also be taken as an interested party.