Invalidity Action Filed Six Years After Registration Barred by Limitation Period; Non-Use Cancellation Partially Granted

A publishing and education company active since 2012 filed dual claims — trademark invalidity and non-use cancellation — against a competitor's marks registered in Classes 16 and 41. The case underwent two rounds of first-instance proceedings following an appellate reversal.

Why Was the Invalidity Claim Dismissed?

Article 25(6) of the Industrial Property Code imposes a five-year limitation period running from the date of trademark registration. The defendant's mark was registered on 28 December 2011; the action was filed on 11 April 2018 — approximately six years and three months later. The court dismissed the invalidity claim as time-barred without reaching the merits.

The plaintiff also failed to prove that its own mark had attained well-known status as of the defendant's registration date, precluding protection under Articles 6(4) and 6(5).

Non-Use Cancellation: Partial Success

The defendant submitted invoices and publication records. The expert panel found genuine and continuous use for 'printed publications' (Class 16) and 'publishing of periodicals, books, and newspapers' (Class 41), but found no proven use in any other registered category. The court partially cancelled the mark for all classes beyond those two areas.

Key Takeaway

This case highlights two critical points: (1) trademark invalidity actions must be filed within five years of registration — delay forfeits the right; and (2) trademark owners must maintain documented evidence of genuine use in every registered category to survive a non-use cancellation challenge.