Trademark Act Article 68-20: Effects of Cancellation of International Registration
If all or part of an international registration is cancelled at the stage of an application for international trademark registration, the application for international trademark registration based on the international registration shall be deemed withdrawn to the extent of the cancellation (Trademark Act Article 68-20, Paragraph 1).
I believe there are two flows after international registration, Case 1 and Case 2, but the stage of Trademark Act Article 68-20 corresponds to Case 2.
(Case 1)
↓Basic application/registration
↓Application for international registration (outgoing from Japan. Trademark Act Article 68-2)
↓International registration
↓Transition to foreign countries
(Case 2)
↓File an application equivalent to an application for international registration from a foreign country
↓International registration
↓Application for international trademark registration (incoming to Japan. Trademark Act Article 68-9)
↓All or part of the international registration is cancelled
One case where all or part of an international registration is cancelled is when it is subject to a central attack (Madrid Protocol Article 6(3)) case. A central attack (Madrid Protocol Article 6(3)) refers to the cancellation of part or all of an international registration incidental to the cancellation of the basic application, etc. This article also applies if you voluntarily cancel part or all of your international registration.
Furthermore, if an international registration is cancelled after the registration of establishment in Japan, the trademark right based on the international registration shall be deemed extinguished (Trademark Act Article 68-20, Paragraph 2).
The status of being deemed withdrawn or deemed extinguished takes effect from the date the international registration is cancelled from the International Register. This is because the cancellation of trademark rights based on international registration is managed via the International Register.
● Related Article Introduction
Nuumin-san wrote a related article. If you have time, please check it out as well.
・Trademark Act Article 68-20
(Effects of Cancellation of International Registration)
Article 68-20: When an international registration on which an application for international trademark registration is based is cancelled in whole or in part, the application for international trademark registration shall be deemed to have been withdrawn for all or part of the designated goods or designated services to the extent of the cancellation.
2. A trademark right for which registration of establishment has been granted pursuant to the provisions of Article 18, Paragraph 2 as applied mutatis mutandis pursuant to the provisions of Paragraph 1 of the preceding Article (hereinafter referred to as "trademark right based on international registration") shall be deemed to have been extinguished for all or part of the designated goods or designated services to the extent that the international registration on which it is based is cancelled in whole or in part.
3. The effects of the preceding two paragraphs shall arise from the date on which the international registration is cancelled from the International Register.
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