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not been submitted fully within the granted period, the examination shall
start after the end of two months period as they may be completed within
the granted time.
According to article 50, the relevant department of the TPI may rectify
its decision if it decides that the appeal is justified and accurate. This shall
not apply where the appeal is filed by a person who is not directly a party
to the proceeding regarding the decision. If the related department does
not accept the appeal, then it shall convey it to the Re-examination and
Evaluation Board without any comment as to its grounds.
Article 51 of the Decree Law no 556 titled as “Examination of
Appeals”, regulates that the Re-examination and Evaluation Board shall
commence proceedings to examine the appeal if the appeal is found
admissible. In such a case, the Re-examination and Evaluation Board
shall invite the parties to submit their observations within the period
prescribed by the Implementing Regulation, regarding the observations
of the other parties or the department.
Pursuant to Article 52 of the Decree Law no 556, the Re-examination
and Evaluation Board shall give its decision upon the examination of the
appeal.
According to article 39 of the Implementation Regulation under the
Decree Law no 556, the fee paid for filing an appeal against the TPI’s
decision which is with respect to the trademark application shall be
deducted from the fee for the issuance of trademark registration certificate
provided that the appeal is accepted.
According to article 7 of TPI Re-examination and Evaluation Board
Regulation, the Board decisions of TPI are final and not subject to an
appeal. However, the applicants may demand to rectify the material
errors by providing its grounds. In this case, the Board shall decide on the
application for rectifying the material errors within 15 days and notify
the applicant.
Litigation Procedure against the TPI Decisions
Pursuant to article 53 of the Decree Law no 556, lawsuits may be
initiated against the final decisions of the Re-examination and Evaluation