@article{ART001638435},
author={Jun, Yong Cheul},
title={A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2012},
number={54},
pages={877-898}
TY - JOUR
AU - Jun, Yong Cheul
TI - A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse
JO - DONG-A LAW REVIEW
PY - 2012
VL - null
IS - 54
PB - The Institute for Legal Studies Dong-A University
SP - 877
EP - 898
SN - 1225-3405
AB - If the trademark holder forfeits the right after at least two of trials for the cancellation for nonuse are claimed respectively, each of the claimants can deserve the exclusive rights of application under article 8 paragraph 5 and paragraph 6.
When a claimee who is the trademark holder trys to abuse the exclusive rights of application under article 8 paragraph 5 and paragraph 6 that a claimee makes third party applicate the same or a similar trademark after they claim new trial for the cancellation for nonuse, the trademark which has been claimed a trial for the cancellation for nonuse can be maintained expediently.
There is a probability to make the trial for the cancellation itself uselessly if the trademark holder takes advantage of loopholes in the trademark law, thus it needs to regulate the misuse of exclusive rights of application under article 8 paragraph 5 and paragraph 6.
This paper reviews the concurrence of exclusive rights of application according to trial for the cancellation for nonuse and suggests a solution to the problem thereof.
KW - Trial for the cancellation for nonuse;Exclusive rights of application;Trademark Law;Concurrence;Prior Application
DO -
UR -
ER -
Jun, Yong Cheul. (2012). A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse. DONG-A LAW REVIEW, 54, 877-898.
Jun, Yong Cheul. 2012, "A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse", DONG-A LAW REVIEW, no.54, pp.877-898.
Jun, Yong Cheul "A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse" DONG-A LAW REVIEW 54 pp.877-898 (2012) : 877.
Jun, Yong Cheul. A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse. 2012; 54 : 877-898.
Jun, Yong Cheul. "A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse" DONG-A LAW REVIEW no.54(2012) : 877-898.
Jun, Yong Cheul. A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse. DONG-A LAW REVIEW, 54, 877-898.
Jun, Yong Cheul. A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse. DONG-A LAW REVIEW. 2012; 54 877-898.
Jun, Yong Cheul. A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse. 2012; 54 : 877-898.
Jun, Yong Cheul. "A Study on Concurrence of Exclusive Rights Of Application According to Trial For The Cancellation For Nonuse" DONG-A LAW REVIEW no.54(2012) : 877-898.
