According to Article 32 III of the current Trademark Act which was entered into force on July 01, 2012, where an applicant has unintentionally failed to pay the fee within the period prescribed in the preceding paragraph, the applicant may pay double within six months from the day following the date on which the prescribed period expires, in which case the Registrar Office will publish the registration. However, this shall not be applied if an application for trademark registration filed or rights of a trademark obtained by a third party during such period would be affected.
In order to let people understand more about the principles of this Article, the TIPO interpreted as follows:
- The applicant should state reasons and pay the registration fee in double within six months from the official due date when applying for the restoration of the trademark right.
- The request of restoration of the trademark right will not be accepted if the request is made after six months from the official due date. If no reason is stated in the request or no sufficient official fee is paid with the said request, the TIPO will issue an official notice for the applicant to make a correction within a prescribed time period. Failing to respond to the TIPO within the notified period will cause the rejection of the said request.
According to different examination results, the handling ways will be as follows:
- The request for restoring the trademark right will be allowed if there is no situation mentioned in the proviso of the Article 32 III: “However, this shall not be applied if an application for trademark registration filed or rights of a trademark obtained by a third party during such period would be affected.”
If the request will affect the interests of a third party as mentioned in the proviso of the Article 32 III, the TIPO will issue an official notice for the applicant to respond within one month.
- The request for restoration will be accepted if the response can be sustained.
- The request for restoration will be rejected if the response is not accepted or the applicant fails to respond to the official notice within the notified period. If so, the applicant may request for refunding the paid official fee. It is allowed for the applicant to file an Administrative Remedy against the official decision.
- It takes about three months from filing the request for restoration of trademark right to receiving the official notice.
- If an applicant pays one time of official registration fee after the expiry of the official due date but within six months, the TIPO will regard that the applicant intends to restore the trademark right. The date of applying for the request for restoration of trademark right will be the date of firstly paying the official registration fee. The examiner will issue an official notice to request the applicant to supplement the reasons of restoration and make up the deficiency of double official fee in due course.
(Source: TIPO News announced on October 4, 2012)