Article 25
(1) If one of the conditions mentioned under Articles 5 or 6 exist, invalidation of trademark shall be decided by the court.
(2) Persons who have interests, public prosecutors or relevant public institutions and organizations may request the court to decide on the invalidity of trademark.
(3) Trademark invalidation proceedings shall be claimed against persons who are registered in the register as trademark proprietor as of the date of filing of invalidation proceeding or their successors in title. The Office shall not be designated as a party to trademark invalidation proceedings.
(4) If a trademark has been registered contrary to subparagraphs (b), (c) and (d) of first paragraph of Article 5 but it has acquired distinctive character as a result of use with regards to the registered goods or services before the invalidation request against the trademark, such trademark shall not be invalidated.
(5) If invalidation is requested partially for some goods or services for which the trademark is registered, decision regarding the partial invalidation shall be given for only such goods or services. An invalidation decision which has the result of altering the representation of the trademark may not be given.
(6) Where a trademark proprietor has acquiesced in the use of a later trademark for a period of five successive years while being aware or should have been aware of this situation, trademark proprietor may not allege his trademark as an invalidation ground unless the registration of the later trademark is in bad faith.
(7) In the invalidation proceedings filed pursuant to first paragraph of Article 6, the provision of second paragraph of Article 19 may be asserted as a defense. In this case, date of proceeding shall be taken as the basis in determining the five-year period regarding use. If the plaintiff’s trademark has been registered for at least five years at the application date or at the date of priority right of trademark for which invalidation is requested, the plaintiff shall also prove the fulfillment of the conditions specified in the second paragraph of Article 19 at the aforesaid date of application or date of priority right.