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.,…
“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…
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…
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…
“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…