Trademark Act Article 11: Conversion of Applications

This article provides for the conversion of applications (change in the form of an application). Although it is sometimes misunderstood, it does not mean that a trademark registration application can be converted into a patent application, utility model registration application, or design application.

The conversion of applications covered by this article includes:
(1) converting a trademark registration application for a collective trademark into a regular trademark registration application or a regional collective trademark registration application (Article 11(1) of the Trademark Act),
(2) converting a trademark registration application for a regional collective trademark into a regular trademark registration application or a collective trademark registration application (Article 11(2) of the Trademark Act),
(3) converting a regular trademark registration application into a collective trademark registration application or a regional collective trademark registration application (Article 11(3) of the Trademark Act).

1. Conversion from collective to regular or regional collective (Article 11(1) of the Trademark Act)

If an application for a collective trademark is judged not to meet the requirements of the main clause of Article 3(1) or Article 7 of the Trademark Act, a notice of reasons for refusal or an order for amendment may be issued. This paragraph is a relief provision for such cases.

2. Conversion from regional collective to regular or collective (Article 11(2) of the Trademark Act)

If an application for a regional collective trademark is judged not to meet the requirements of Article 7-2 of the Trademark Act, a notice of reasons for refusal or an order for amendment may be issued. This paragraph is a relief provision for such cases.

3. Conversion from regular to collective or regional collective (Article 11(3) of the Trademark Act)

If the rights arising from a regular trademark registration application are succeeded by a designated association (juridical person), etc., it is conceivable that it may be used as a collective trademark or a regional collective trademark in the future. This paragraph is a relief provision for such cases.

Conversion of an application requires documents under Article 7(3) or Article 7-2(4) of the Trademark Act, etc. Furthermore, this paragraph does not apply to international trademark registration applications (Article 68-13 of the Trademark Act).

4. Others

An application can be converted until the examiner's decision or trial decision becomes final and binding (Article 11(4) of the Trademark Act). Also, upon conversion of an application, the original trademark registration application is deemed to have been withdrawn (Article 11(4) of the Trademark Act).

・Trademark Act Article 11

(Conversion of Applications)
Article 11: A trademark registration applicant may convert a trademark registration application for a collective trademark into a regular trademark registration application (meaning a trademark registration application other than a trademark registration application for a collective trademark or a trademark registration application for a regional collective trademark; the same applies hereinafter) or a trademark registration application for a regional collective trademark.
(2) A trademark registration applicant may convert a trademark registration application for a regional collective trademark into a regular trademark registration application or a trademark registration application for a collective trademark.
(3) A trademark registration applicant may convert a regular trademark registration application into a trademark registration application for a collective trademark or a trademark registration application for a regional collective trademark.
(4) The conversion of a trademark registration application under the provisions of the preceding three paragraphs may not be made after the examiner's decision or trial decision on the trademark registration application has become final and binding.
(5) When a trademark registration application is converted under the provisions of paragraphs (1) through (3), the original trademark registration application is deemed to have been withdrawn.
(6) The provisions of paragraphs (2) and (3) of the preceding article apply mutatis mutandis to the case of conversion of a trademark registration application under the provisions of paragraphs (1) through (3).

#PatentAttorney #PatentAttorneyExam #PatentAttorneyExamStudy #IntellectualProperty #IntellectualPropertyLaw #TrademarkLaw
#DailyNote #Column #DailyUpdate #note #DailyPost #noteDailyUpdate #Daily #RecentLearning #DailyUpdateClub #ThoughtColumn #Creative #ProfessionalServices