A collective membership mark is a sign that serves to identify the membership of members in an association, society or any other group which is a juridical person and distinguish such members from those who are not members. The Lions Club, the Rotary Club, and a political party are all
As the term suggests, a “collective trademark” is a brand commonly used by the members of a group. It could be a farmers’ association, a fishermen’s association, or other associations that are eligible for filing an application for registration of a collective trademark. All goods or services produced/manufactured or provided
The procedures for examining a trademark application differ from a general application filed by the public and are more complicated. In addition to examining the designated goods, a search of the representations of prior registered trademarks and the examination on whether the trademark has any unregistrable conditions must be carried
A trademark applicant that has been filed in a country mutually recognizing priority with the ROC, may claim priority within six months following the filing date of which the trademark application was first filed in the given country. The filing date of the trademark in the ROC shall be the
Correct use of a trademark is the basis to maintaining the protection of the trademark. The use of a trademark shall suffice to allow consumers to identify the source of certain goods or services. The trademark should not be used as a generic name or description of goods if such
Can the symbol “R” referring to a registered mark or “TM” standing for a trademark be included in a trademark sought to be registered?
“R” is generally used in trade to refer to a registered trademark and “TM” is a sign which signifies the subject as a trademark. Any trademark right holder or a registered user may show either of them in his/her trademark. Thus, they have no distinctiveness and exclusivity. In consequence, neither
After a trademark application has been approved, the trademark registration shall not be published after payment of the registration fee has been paid. The payment should be made within two months from the date following the approval decision. The trademark rights related thereto are accorded on the date when the
Can an application for trademark renewal be filed upon the expiration of the term of trademark rights?
Yes. If a trademark right holder needs to use the registered trademark continuously, he/she may file an application for renewing the term of trademark rights six months before the expiration of the term. A term of ten years shall be provided for each successful renewal, and the term of renewal