One of the trademark cases is the appeal against the decision of the Government Office (the General Trademark Department) rejecting the registration of the trademark, whether being a decision to reject the application for registration of the trademark before the grievance committee or before the opposition committee to prove ownership of the trademark. The judgment for reversing the decision of the Department and registration of the mark is most likely rendered in cases where there are documents presented to the Court that support the appeal and are consistent with the reasons thereof. These include, but not limited to, the documents proving the use of the trademark in question prior to the use of the mark that caused the rejection by the Department, (e.g. sales invoices, customs release documents, trademark advertisements in newspapers or magazines, contracts, sale or supply orders, etc.)

The Court shall ultimately mandate the Department to register the trademark subject of the appeal, with the resulting events such as the decision to cancel the registration of the trademark that has caused the rejection of the mark in question.

To this end, we conclude that the question here is to prove the ownership of the trademark in the case of a dispute on the precedence of use thereof and not the precedence of registration in the Governmental Office, although the Governmental Office is the authority competent to receive applications for registration based only on  the precedence of filing.

The competent court shall decide on proving the ownership according to the priority of use, as it has the powers, authorities, and expertise to bring such disputes into a final conclusion by delegating an expert(s) specialized in trademark disputes to prove the precedent use in favor of one of the parties to the dispute, and the Court shall then document the ownership.