 What is “Trademark”?
A trademark is a sign that indicate who provide the goods/services in the market; therefore, customer can distinguish one's goods or services from those provider during consumption. In other word, a” trademark” is just symbolized the representation of the company. The types of trademarks include text, graphics, mark, a packaging design, three-dimensional object, sound, or even a scent.
 What is the advantage of applying trademark?
If you obtain a trademark registration, you can exclude others to use similar trademark in market, avoid consumer making confusion and prevent unfair competition in commercial business. If someone intend to Imitate or used the registered trademark in business, the holder can request to pay damage.
 If the commercial business extend to foreign region, is it necessary to file new trademark in
 foreign country even if the trademark has been registered in TIPO ?
Yes, trademark is territories, it is necessary to file new trademark in any countries if you
want to seek a protection in foreign
 Do any rule prescribed for proper using in this Act after granted?
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Using trademark in goods, such as printing trademark in packaging containers |
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Using trademark in goods or packaging containers during transaction process |
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Using trademark in relate object for provide service, such as printing trademark in uniform, name card, menu, cutlery or signboard. |
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Using trademark in marketing behavior, such as purchase orders, product catalogs, price lists, invoices, brochures and other business documents, newspapers, magazines, leaflets or posters |
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Using trademark in digital video, electronic media, Internet or other kinds of vehicle functions. |
 Can Smell, touch and taste apply for trademark application? What document and information
should submit as filing ?
Yes, any sign that be provided with distinctiveness can apply trademark in order to distinguish who provide the services or goods.
 What is the different between applying “Black and White trademark application” and “color
trademark application” ?
The color of filing trademark is decided to the appearance of actual use, in fact, “Black and White trademark”will be think as integrate by all colors, therefore, “Black and White trademark” can transfer to “Black and White trademark” in using.
 How long does it take for a trademark registration from applying to be approved?
The procedures for examining a trademark include examining the designated goods, a search of prior registered trademarks and the review whether the trademark has any unregisterable conditions. Therefore, it takes approximately 8-12 months to examining.
 How to calculate the period of the trademark right?
Applicant shall make the registration fee within two months from the date of the approval decision. The term of trademark rights is ten years from the date of publication of the trademark registration.
 In order to save the cost, can file the multiple-trademark that is Composed of several
trademarks?
Yes, the multiple-trademark can be composed of several trademarks. As the multiple-trademark registered, any parts of the multiple-trademark not be separate to use.
 What is the trademark priority?
As a trademark applicant that has been filed in a country mutually recognizing priority with the ROC, it may claim priority during six months of the filing date of the trademark application was first filed in the given country.
 How to claim trademark priority?
The claim of priority shall be made at the same time as the application is filed.
the application shall clearly states the applying number and the country of the basic foreign application and the basic foreign application ’s filing date . Besides, a certified copy of the basic application as accepted by the government shall be submit within three months from the date following the filing of the trademark application in the ROC.
 Can the information of a trademark be changed while the trademark application is in
progress?
Only the information of the trademark application is wrong obviously, such as the error of applicant’s name or address, grammar or type error and so on. Except for "goods or services designated for a trademark" and “ the design of trademark”
 The process of filing trademark in Taiwan：
Some informations of the above matter originate from TIPO ：
http://www.tipo.gov.tw/mp.asp?mp=1 |
Trademark Q&A
