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| 1.
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These main points are prescribed for the application of
Article 50 of the Trademark Act (hereinafter referred to as "this Act").
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| 2.
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A person is an interested party if he or she
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| (1)
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is a party to a suit involving the trademark at issue; or
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| (2)
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is a party to a dispute involving another trademark related to the trademark at issue; or
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| (3)
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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
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| (4)
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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
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| (5)
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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
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| (6)
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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
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| (7)
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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
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| (8)
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is an applicant whose trademark application has been
disapproved by the competent authority on the basis of the trademark at issue; or
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| (9)
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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
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| (10)
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claims that his or her rights or interests are affected
by the registration of the trademark at issue.
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| 3
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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.
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| 4.
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In deciding whether an applicant is an interested party,
the competent authority will perform a formality examination of the evidence
presented thereby.
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| 5.
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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.
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