Chapter 3
Examination and Approval

Article 23
A trademark application shall be rejected if the proposed trademark satisfies any of the following:
1. One that fails to comply with provisions of Article 5;
2. One that represents the shape, quality, function(s) or other descriptions of
    the goods or services;
3. A generic sign or term used in relation to the designated goods or services;
4. One that is a three-dimensional shape of the goods or packaging thereof and
    is indispensable for performing the intended function(s);
5. One that is identical or similar to the national flag, national emblem, national
    seal, military flags, military insignia, official seals, medals of the Republic of
    China, or flags of foreign nations.
6. One that is identical to the portrait or name of the late Dr. Sun Yat-Sen or
    of the head of the state;
7. One that is identical or similar to a mark used or medal or certificate awarded
    by a government agency of the Republic of China or by an exhibition
    assembly;
8. One that is identical or similar to the name, emblem, badge or mark of a
    well-known international organization or a well-known domestic or foreign
    institution;
9. One that is identical or similar to the CNS (Chinese National Standards) Mark
    or any domestic or foreign mark of the same certified inspection nature;
10. One that violates against public order or good morals;
11. One that is likely to mislead the public with respect to the nature, quality,
     or place of origin of the designated goods or services;
12. One that is identical or similar to another person's well-known trademark or
     mark and hence is likely to confuse the relevant public or likely to dilute the
     distinctiveness or reputation of the said well-known trademark or mark.
     However, the aforementioned shall not apply to an application filed with
     consent from the owner of the said well-known trademark or mark;
13. One that is identical or similar to a registered trademark or a proposed
     trademark of a preceding application that is designated for use on identical
     or similar goods or services thereof and hence likely to cause confusion to
     relevant consumers. However, except in the case where such trademarks
     and their dsignated use on goods or services of both parties are identical,
     the aforementioned shall not apply to an application filed with concent from
     the owner of the said registered trademark or a proposed trademark;
14. One that is identical or similar to a trademark that has been used prior by
     another person on the identical or similar goods or services, and the
     applicant thereof is aware of the existence of the said trademark through
    contractual, geographical, or business connections, or any other relationship
    with the said person. However, the aforementioned shall not apply to an
     application filed with concent from the said person;
15. One that comprises a portrait, or a famous name, stage name, pseudonym
     or alias of another person. However, the aforementioned shall not apply to
     an application filed with concent from the said person;
16. One that comprises the name of a famous juristic person, entity or other
     group, and hence likely to cause confusion with the relevant public;
17. One that infringes another person's copyrights, patent rights, or other
     rights, where such infringement has been affirmed by a court. However, the
     aforementioned shall not apply to an application filed with concent from the
     said person; or
18. One that is identical or similar to a geographical indication of wines and
     spirits of a country or region that mutually protects trademark with the
     Republic of China, and is designated for use on wines and spirits.
The provisions of Item (12), Items (14) through (16) and Item (18) of the preceding paragraphs shall only apply in occurrence at the time of filing.
The provisions of Items (7) and (8) of paragraph 1 of this Article shall not apply if the applicant is a government agency or related institutes.
The provisions of Item (2) of paragraph 1 of this Article or paragraph 2 of Article 5 shall not apply in the case where the proposed trademark has been used by the applicant and has become a distinctive identification of the goods or services provided by the applicant in the course of trade.

Article 24
A trademark application complying with conditions of unsuccessful registration as set forth under paragraph 1 of the preceding article or paragraph 4 of Article 59 shall be rejected after examination.
Before rendering a rejection provided under the preceding paragraph, a written notice stating reasons of rejection shall be sent to the applicant, who shall state whose comment within thirth (30) days counting from the next day of receiving the said notice.

Article 25
A trademark application complying with none of the conditions set forth under paragraph 1 of the preceding article shall be approved after examination.
An approved trademark shall be registered and published and a trademark certificate shall be issued on the condition that a registration fee has been made by the applicant thereof within two months counting from the next day of receiving the decision. Where the said fee remains unpaid by the end of the stipulated period, a trademark shall not be registered and published, and the original approval shall become invalid.

Article 26
The registration fee provided in paragraph 2 of the preceding article may be paid in two installmlents. Those who wish to pay in installments shall pay the second installment within the last three months before the end of the third year counting from the publication date of trademark registration.
Those who fail to pay the second installment on registration fee within the time period stipulated in the preceding paragraph are provided with an extra period of six months after the end of the third year in which the said installment shall be made in double.
Trademark rights of those who fail to pay the second installment on registration fee pursuing to provisions of the preceding paragraph shall be extinguished on the day following the last day of the extra period for paying in double.

Chapter 4
Trademark Rights

Article 27
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.
A request for renewal may be filed within the trademark term; a trademark term of ten years shall be provided per successful renewal.

Article 28
A request for renewal on trademark term shall be filed between six months before and after the term expiration; those file within six months after the term expiration shall pay the registration fee in double.
The term of renewal approved under the preceding paragraph shall commence from the date following the expiration of the last trademark term.

Article 29
A right holder of a registered trademark shall enjoy the exclusive trademark rights with respect to the designated goods or services.
Unless otherwise provided in Article 30 of this Act, consent from the registered trademark right holder shall be required in any of the following conditions:
1. One who wishes to use a trademark that is identical to a registered
    trademark on identical goods or services;
2. One who wishes to use a trademark that is identical to a registered
    trademark on similar goods or services, and hence it is likely to cause
    confusion to relevant consumers; or
3. One who wishes to use a trademark that is similar to a registered trademark
    on the identical or similar goods or services, and hence it is likely to cause
    confusion to relevant consumers.

Article 30
Any of the following conditions shall be free from the capacity of trademark rights of a person:
1. One who, through means of bona fide and fair use, expresses the same one's
    name, title, or the name, shape, quality, function, place of origin, or other
    description with respect to the goods or services provided by the same one
    for non-trademark purposes.
2. Where a three-dimensional shape of the goods or the packaging thereof is
    indispensable for performing its intended function(s).
3. Where, prior to the filing date of a registered trademark, a person has been
    using bona fide an identical or similar trademark designating on the identical
    or similar goods or services. However, the aforementioned only is applicable
    to those goods or services on which such trademark has already been in
    use; the trademark right holder of the said registered trademark may request
    the said person to attach appropriate and distinguishing label(s).
Where goods bearing a registered trademark are traded or circulated in the marketplace by the trademark right holder or by an authorized person, or are offered for auction or disposal by a relevant agency, the right holder shall not claim trademark rights on the said goods. However, the aforementioned shall not apply in case of preventing deterioration or damage of goods or any other fair reasons.

Article 31
A trademark right holder may request the Registrar Office to divide trademark rights used on the goods or services designated by a registered trademark.
A trademark right division stipulated in the preceding paragraph may also be requested before the final decision of an opposition or invalidation to a trademark.

Article 32
Any changes to a registered trademark shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.
No changes shall be made to a registered trademark and the designated use thereof on goods and services once the said trademark has been registered. However, the aforementioned does not apply to contraction on the scope of goods or services designated for use.
The provisions of paragraph 3 of Article 20 and paragraph 2 of the preceding article shall apply mutatis mutandis to any changes to a registered trademark.

Article 33
A trademark right holder may license a person to use its registered trademark on part or whole of the designated goods or services thereof.
Licensing provided in the preceding paragraph shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party. The said provisions shall also apply in the case where a trademark is sub-licensed by its licensee with prior consent of the trademark right holder to a third party.
In the case where trademark rights have been assigned after licensing of a trademark was recorded, the assignee shall still be binded by the licensing agreement.
A licensee shall label a licensed trademark in a obvious and distinguishing way on whose goods, the packagings or containers thereof or trade-related articles or documents; in the case where labeling the aforementioned becomes evidently difficult, the licensing label may be shown at the place of business or on other relevant articles.

Article 34
Where a licensee violating against the provisions of paragraph 4 of preceding article, the Registrar Office shall, ex officio or upon request, notify the said licensee to correct within a prescribed period; licensing record shall be revoked for those who fail to correct within the said period.
Before the expiration of a licensing term, a concerned or an interested party may, by submitting relevant evidence(s), apply for revoking a licensing record under any of the following conditions:
1. Where the trademark right holder and the licensee have both agreed to
    terminate the licensing; the same provision shall also apply in the case of
    sub-licensing;
2. Where the licensing agreement expressly prescribes that either the
    trademark right holder or the licensee may terminate a licensing relationship
    at any time, and the declaration of termination has been made; or
3. Where a trademark right holder notifies the licensee to rescind or terminate
    the licensing agreement on account of breach by the said licensee, who has
    shown no objection thereto.

Article 35
An assignment of trademark right(s) shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.

Article 36
In the case an assignment of trademark right(s) has resulted in a situation where two or more trademark right holders have used the same trademark on similar goods or services, or have used similar trademarks on identical or similar goods or services and hence likely causing confusion to relevant consumers, all trademark right holders thereof shall affix appropriate and distinguishing label(s) while using their respective trademarks.

Article 37
A creation, change, or extinguishment of a pledge made by a trademark right holder shall be entered recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.
Where multiple pledges on trademark rights are created by a trademark right holder to secure the rights of its creditors, the sequence of pledge shall be determined by the precedence thereof.
During the term of a pledge, the pledgee shall not use the pledged trademark unless otherwise licensed by the trademark right holder thereof.

Article 38
A trademark right holder may abandon its trademark right(s). However, one who has recorded a licensing or pledge and wishes to do so shall have consent from the licensee(s) or pledgee(s).
The abandonment in the preceding paragraph shall be made in writing to the Registrar Office.

Article 39
The trademark right(s) shall ipso facto extinguish under any of the following conditions:
1. Where renewal was absent from pursuing to the provisions of Article 28 of
    this Act; or
2. Where the trademark right holder has died without an heir.