Taiwan trademark system
- ※Meaning
A trademark is a sign of identifying own products and can be a word, design, symbol, color, sound and hologram or the combination of the said characteristics applied to the product, packaging or container sold throughout the markets or advertisements (such as digital audio-visual means, electronic media, Internet or other media).
- ※Function
A trademark is to identify the origin of products so the consumers could choose easily；a trademark is to identify the quality of products so the products with same trademark should maintain consistent on quality；a trademark is to be a salesperson so the consumers will do purchasing continuously due to trusting a mark or relying on the impression created by a mark.
- ※Trademark Basics
- (1) Element – A trademark shall have a characteristic of distinctiveness, which is able to
identify and distinguish personal goods from the goods of others.
- (2) Type – Trademark, Collective Trademark. Except the trademark identifying the goods
and services, Certification Marks and Collective Membership Marks are
regulated in Trademark Laws.
- (3) Term – 10 years from the date of registration and can be renewed to successive 10-year within 6 months proceeding to the expiry date.
- (4) Classification – Different goods and services have been classified by the Nice International Classification of Goods and Services into 45 classes (1 to 34 cover goods, and 35-45 services)
- ※Application for a trademark
Application → Issue application number →Formality Examination → Substantive Examination →
【】 (Grant) → Granting notification → Paying registration fee → Publication of registration and issue certificate → (an opposition may be filed within 3 months by any third party; after 3 months, only invalidation and revocation could be filed)
【】 (Remedy for rejection) → Rejection → Administrative Appeal → Administrative Litigation to Intellectual Property Court → Administrative Litigation (Appellate review) to Superme Administrative Court
- ♦ If revoking original decision(s)/measure(s) is carried off during the procedure of remedy action, generally approval examination will be expected and continue the registration procedure.
- ♦ Since November 28, 2003, sound and three-dimensional shapes (such as the external packaging of products or bottles) can be registered as a trademark. Then, since July 1, 2012, motion, hologram (laser drawing), scent or sense of touch can be registered as a trademark.
