Can a trademark which is considered confusingly similar to or identical with another trademark whose validity has expired or been suspended/cancelled be registered?

A trademark which is considered confusingly similar to or identical with another trademark whose validity has expired or been suspended/cancelled shall be considered for protection only, at the time of filing the new trademark application, 5 years from the expiry date/cancellation date of the cited trademark has passed. However, this provision shall not apply to the mark of which the validity is cancelled on the non-use basis.