(1) Where trademark rights (excluding the right to a collective mark with geographical indication) fall under any of the following, trademark rights shall not effect the same:
1. Any trademark using his or her own name, title, or trade name, portrait, signature, seal, or well-known pseudonym, stage name, pen name, and the well-known abbreviated title thereof, in accordance with generally accepted business practices;
2. Any trademark indicating the common name, place of production, quality, raw materials, efficacy, uses, quantity, shape, price, or methods of production, methods of processing, methods of use and time of goods identical or similar to the designated goods of the registered trademark according to methods in common use;
3. In cases of a trademark which consists of a three-dimensional shape, where it is impossible to recognize that such three-dimensional shape indicates goods related to whose business, any trademark which consists of the shape identical or similar to the three-dimensional shape of the registered trademark that is used on goods identical or similar to the designated goods of the registered trademark;
4. Any trademark used commonly on the goods identical or similar to the designated goods of the registered trademark, and trademark which consists of a distinguished geographical name and the abbreviated title thereof or a map;
5. Any trademark which consists of a shape, color, combination of colors, sound or smell essential to secure the function of the designated goods of the registered trademark or the package thereof.
(2) Where the right to a collective mark with geographical indication falls under any of the following, such right shall not effect the same:
1. Any trademark falling under paragraph (1) 1, 2 (excluding cases falling under place of production), or 5;
2. Any trademark used commonly on goods deemed identical to the designated goods of the registered collective mark with geographical indication;
3. Any geographical indication used on goods deemed identical to the designated goods of the registered collective mark with geographical indication, used by a person who engages in producing, manufacturing or processing such goods in the relevant region, or any other homonymous geographical indication;
4. Where a trademark registered based on first to file contains a geographical indication identical or similar to a registered collective mark with geographical indication, any registered trademark used by the trademark right holder, an exclusive licensee or a non-exclusive licensee on the designated goods.
(3) Paragraph (1) 1 shall not apply where a person uses his or her own name, title or trade name, portrait, signature, seal or well-known pseudonym, stage name, pen name and the well-known abbreviation thereof for the purpose of unfair competition after registration and establishment of trademark rights.