Trademark Q&A – 聯誠國際智慧財產權事務所

What is a “trademark”?

licai_backstage — Mon, 10 Aug 2020 07:49:57 +0000

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.

這篇文章 What is a “trademark”? 最早出現於聯誠國際智慧財產權事務所。

What is a “certification mark”?

licai_backstage — Mon, 10 Aug 2020 07:48:16 +0000

A certification mark is a sign that serves to certify a particular quality, accuracy, material, mode of manufacture, place of origin or other matters of another person’s goods or services by the proprietor of the certification mark and distinguish the goods or services from those that are not certified, e.g., the Taiwan fine product sign, UL electrical appliances safety sign, ST toy safety sign, and 100% wool sign, which are familiar to the average Taiwanese consumers. An applicant of a certification mark must be a juristic person, group or government agency that is capable of certifying an entity’s goods or services. The use of a certification mark shall mean that the right holder of a certification mark, in order to certify the characteristics, quality, precision, origin or other matters of another person’s goods or services, agrees to the person for displaying the certification mark on articles or documents in connection with the goods or services. （§80；§81；§82；§83, Trademark Act）

這篇文章 What is a “certification mark”? 最早出現於聯誠國際智慧財產權事務所。

Purposes of Trademark Protection

licai — Mon, 10 Aug 2020 07:47:30 +0000

“A trademark” is also known as a brand, and is used for identifying the specific source of goods or services provided. In order to avoid confusion, to protect the rights of a trademark right holder and the interests of consumers, to prevent any unfair competition and to facilitate the development of an industrial or commercial business, the Trademark Act clearly prescribes circumstances under which a party may not file a trademark application and prohibits any party from plagiarizing another party’s registered trademark.（§1, Trademark Act）

這篇文章 Purposes of Trademark Protection 最早出現於聯誠國際智慧財產權事務所。

Differences between Trademarks and Other Intellectual Property Rights

licai — Mon, 10 Aug 2020 07:46:00 +0000

In addition to trademark rights, intellectual property rights also include patent rights, copyrights, trade secrets and integrated circuit layout. Patent rights are intended to promote and improve the technological development of national industries, while copyrights aim to foster the nation’s culture. Both rights have a certain period of validity. On the other hand, trademark rights are deemed a kind of goodwill that is developed from the accumulation of long-term and continuous use. Trademark rights have no set term for expiration, as long as they are renewed and as the enterprise remains in business. Hence, trademark rights are highly regarded.
A trademark may be any sign with distinctiveness, which may, in particular, consist of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof, and is used in the competitive market for identifying the source of the goods or services. Unless trademark rights have been renounced by the right holder, or the mark has become a generic name for the industry or has lost its distinctiveness, the trademark rights can be used continuously through renewal.
Copyrights mainly protect a creation within a literary, scientific, artistic, or other intellectual domain that is an independent distillation of the author’s wisdom and techniques. Therefore, a creation must be original but not necessary unprecedented. Works include oral and literary, musical, drama, choreographic, artistic, photographic, audiovisual, and architectural works, and computer programs. In general, economic rights endure a term consisting of the life of the author and fifty years after the author’s death.
Patent protection is for the purpose of encouraging invention and creation so as to upgrade the industrial standards of the nation. A patent that is qualified for protection must be novel, advanced, practical and is applicable in the related industries. A patent is accorded to the patent holder for a definite period of time and emphasizes the result of research and development. Upon the expiration of the period granted to a patent, the technology related thereto will be in the public domain for the industry to use to benefit the masses.

這篇文章 Differences between Trademarks and Other Intellectual Property Rights 最早出現於聯誠國際智慧財產權事務所。

What is a “collective membership mark”?

licai_backstage — Mon, 10 Aug 2020 07:45:11 +0000

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 eligible for filing an application to register a collective membership mark for identifying their memberships. A collective membership mark has no direct relationship with business activities related to goods or services, as it simply identifies the organization of the membership of its members and will be displayed on relevant articles or documents, while a collective trademark identifies the goods or services provided by the members of the group using the trademark. They are different intrinsically.（§85；§86；§87, Trademark Act）

這篇文章 What is a “collective membership mark”? 最早出現於聯誠國際智慧財產權事務所。

What is a “collective trademark”?

licai_backstage — Mon, 10 Aug 2020 07:44:41 +0000

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 by the association members may label the collective trademark to distinguish those goods or services from goods or services produced/manufactured or provided by others. A collective trademark is intrinsically still a trademark. However, the major difference between a collective trademark and a trademark is that a collective trademark is used by the members of a group in connection with goods or services, while a trademark is used by the registrant for identifying his/her own goods or services. （§88；§89, Trademark Act）

這篇文章 What is a “collective trademark”? 最早出現於聯誠國際智慧財產權事務所。

How long does it take for a trademark registration to be approved?

licai_backstage — Mon, 10 Aug 2020 07:43:47 +0000

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 out. Currently, there are nearly 2,170,528 registered trademarks(2019.03.01) (https://www.tipo.gov.tw/np.asp?ctNode=7033&mp=1) Therefore, the examination of a trademark application takes some time, approximately five to seven months.

這篇文章 How long does it take for a trademark registration to be approved? 最早出現於聯誠國際智慧財產權事務所。

How to claim trademark priority?

licai_backstage — Mon, 10 Aug 2020 07:42:42 +0000

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 date when the trademark was first filed in that foreign country (i.e. priority date). However, the claim of priority shall be made at the same time as the application is filed, and the application shall clearly indicate the filing date of the basic foreign application and the name of the foreign country accepting the basic application. In addition, the applicant shall submit, within three months from the date following the filing of the trademark application in the ROC, a certified copy of the basic application as accepted by the government of the particular foreign country in order not to forfeit the priority right.（§20, Trademark Act）
Since our accession to the WTO on January 1, 2002, all member states of the WTO are entitled to claim priority in the ROC.
（https://www.tipo.gov.tw/ct.asp?xItem=206785&CtNode=6759&mp=1）

這篇文章 How to claim trademark priority? 最早出現於聯誠國際智慧財產權事務所。

How to use a trademark correctly?

licai_backstage — Mon, 10 Aug 2020 07:41:42 +0000

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 usage will result in the loss of the distinctiveness of the trademark.
Trademark labeling in a distinctive form.
Trademark labeling is different from the description of goods or a decorative pattern, but instead, shall suffice to allow consumers to recognize it as an identifier for distinguishing the goods or services it represents from those provided by others. This is to prevent consumers from considering it as a general name, shape, or other descriptions of those goods or services.
The trademark in use shall be the entire trademark as registered.
The registration of a trademark invests the holder with the right to exclude another party’s use of the same or similar goods in respect of the same or similar trademark. Therefore, the entirety of a registered trademark shall be used and no division shall be made. Otherwise, the registration may be revoked because the registered trademark has not been put into use.
Do not make any change or additional notes to a registered trademark such that the trademark may be misidentified as another party’s.
Through the publication of a registered trademark, a third party is able to know the contents of the trademark and avoids making the same design or infringe upon the trademark. Thus, a trademark right holder shall use the trademark as it was registered, and shall not make any changes or additional notes thereon. If the use of a registered trademark insinuates another party’s goods such that confusion is likely to occur, the registration of the trademark may be revoked. If so, the original trademark right holder shall not be eligible, within three years from the date of revocation, to register or to be assigned or licensed to use another trademark identical or similar to the originally registered trademark. (§ 63Ⅰ(1)(2)；§ 65Ⅲ, Trademark Act)
The use of a trademark shall avoid insinuating anything or any improper behavior that may cause the public to misidentify the goods or services with respect to their nature, quality or place of origin and thus, consumers may misidentify or mis-purchase the goods or services. In the case of occurrence, the registration of the trademark may be revoked thereby. (§63Ⅰ(5), Trademark Act)

這篇文章 How to use a trademark correctly? 最早出現於聯誠國際智慧財產權事務所。