Under the current Trademark Act, (1) ‘an interested party’ can demand a Cancellation Trial based on Non-Use, and (2) if a Decision on the Cancellation Trial becomes final and conclusive, the trademark right is extinguished from the date when the Decision becomes final and conclusive.

Under the revised Trademark Act, (1) ‘any person’ can demand a Cancellation Trial based on Non-Use, and (2) if the Decision on the Cancellation Trial becomes final and conclusive as non-use, the trademark right is extinguished retroactively to the date when the Cancellation Trial is demanded.

(Effective from September 1, 2016)