After the Intellectual Property Court rendered a judgment cancelling the trademark registration, and the judgment had become finally concluded after the appeal was rejected, the Intellectual Property Office made a new decision cancelling the trademark registration in accordance with the order of the IP Court. Whether or not the trademark registrant may file an administrative appeal or further an administrative suit to challenge the IPO's new decision is a controversial issue.
The IP Court held in a 2016 ruling that such an administrative suit should be rejected.
The IP Court pointed out that the court had reviewed the issue of whether the trademark registration should be cancelled after the substantial investigation and trial during the court proceeding of the previous administrative suit. The trademark registrant had also duly attended the court hearings and submitted defense arguments. Since the factual and legal issues are the same, it is not legitimate to file the administrative suit to challenge the same issues according to the Code of Administrative Suit Proceedings