Trademark Q&A

What is a “trademark”?

A “trademark” is a sign that is used to distinguish one’s goods or services from those provided by others. As the economy, culture, and the market diversify, the types of trademarks may now include a packaging design, three-dimensional object, sound, or even a scent. In the Republic of China, a trademark refers to a sign consisting of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof. In addition, the minimum requirement of the trademark laws of every country is that a trademark must be recognizable to the general consumers as a trademark and is indicative of the source of the goods or services. Most generic names or direct or obvious descriptions of goods do not possess the characteristics of a trademark. (§18, Trademark Act)
Legally, the registration of a trademark accords the right to eliminate other party’s use of the same trademark or the right to license the same trademark to someone else.