(1) An applicant may issue a warning in writing to a person who uses a trademark identical or similar to the trademark concerning the relevant application for trademark registration regarding goods identical or similar to designated goods concerning the relevant application for trademark registration after publication of the application under Article 57 (2) (including where it is applied mutatis mutandis pursuant to Articles 88 (2) and 123 (1)) is made: Provided, That where the applicant presents a copy of the relevant application for trademark registration, he or she may issue a written warning even before the application is published.
(2) An applicant who has issued a warning pursuant to paragraph (1) may claim the payment of compensation equivalent to business loss incurred in relation to the use of the relevant trademark during the period after the issuance of a warning until trademark rights are established and registered.
(3) No right to claim under paragraph (2) shall be exercised until trademark rights to the relevant application for trademark registration are established and registered.
(4) No exercise of the right to claim under paragraph (2) shall affect the exercise of trademark rights.
(5) Articles 91, 108, 113 and 114 of this Act, and Articles 760 and 766 of the Civil Act shall apply mutatis mutandis to the scope, etc. of protection of a registered trademark where the right to claim under paragraph (2) is exercised. In such cases, "date the injured party or his or her legal representative becomes aware of such loss and of the identity of the person who caused it" in Article 766 (1) of the Civil Act shall be construed as "date the relevant trademark rights are established and registered".
(6) Where an application for trademark registration falls under any of the following, the right to claim under paragraph (2) shall be deemed never to have occurred:
1. Where the application for trademark registration is abandoned, withdrawn, or invalidated;
2. Where a decision to reject trademark registration under Article 54 on an application for trademark registration becomes final and conclusive;
3. Where a trial decision to invalidate trademark registration pursuant to Article 117 (excluding cases falling under paragraph (1) 5 through 7 of the same Article) becomes final and conclusive.