Trademark Act

Enacted & Promulgated on May 6, 1930 by the Government
Enforced on Jan. 1, 1931
Amended & Promulgated on Nov. 23, 1935 by the Government
Promulgated on Oct. 19, 1940 by the Government
Amended & Promulgated on Oct. 24, 1958 by the Presidential Order
Amended & Promulgated on July 4, 1972 by Presidential Order
Amended & Promulgated on Jan. 26, 1983 by Presidential Order
Amended & Promulgated on Nov. 29, 1985 by Presidential Order
Amended & Promulgated on May 26, 1989 by Presidential Order
Amended & Promulgated on Dec. 22, 1993 by Presidential Order
Amended & Promulgated on May 7, 1997 Article 4, 5, 23, 25, 34, 37, 61, 79 by Presidential Order and enforced on Nov 1, 1998
Amended & Promulgated on May 29, 2002 Article77, 79 by Presidential Order
Amended & Promulgated on May 28, 2003 by Presidential Order, and enforced on Nov 28, 2003

Chapter 1
General Provisions

Article 1
This Act is formulated to safeguard trademark rights and consumers' interest, maintain fair competitions of markets, and facilitate normal development of industries and commerces.

Article 2
A person who wishes to obtain trademark rights in order to distinguish its goods or services shall apply for trademark registration as provided under this Act.

Article 3
An application of a foreigner, whose country has established no trademark protection treaties or agreements with Taiwan on a mutual basis or has rejected a trademark registration made by nationals of the Republic of China in pursuance to its domestic legislations, may be rejected.

Article 4
An applicant of a trademark, which was filed in a country mutually recognizing priority right with the Republic of China and was registered in pursuance to the domestic legislation of that country, may claim priority right within six months counting from the next day of the first filing date of that trademark application filed in the Republic of China.
Priority claims made in accordance with the preceding paragraph shall be made at the same time when filing for an application, in which the foreign filing date and the country admitting that foreign application shall be clearily indicated.
The applicant shall submit, within three months from the next day of its filing date in the Republic of China, a certified copy of the application admitted by the said foreign country.
Those who violate against any of the preceding two paragraphs shall lose the priority right.
The priority date shall be referred as the filing date of those claiming priority rights.

Article 5
A trademark may be composed of a word, figure, symbol, color, sound, three-dimensional shape or a combination thereof.
A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to that goods or services and to differentiate such goods or services from those offered by others.

Article 6
The term, use of trademark, as referred to in this Act connotes the utilization for marketing purpose of trademark on goods, services or relevant articles thereof, or the utilization through means of two-dimensional graphic, audio and visual digitization, electronic media, or other mediums to sufficiently make relevant consumers recognize it as a trademark.

Article 7
The term, competent authority, as referred to in this Act is the Ministry of Economic Affairs (hereinafter as the MOEA).
Trademarks and related affairs shall be administrated under a registrar office (hereinafter as the Registrar Office) appointed by the MOEA.

Article 8
Trademark registration and relevant affairs thereof may be performed and managed by an appointed trademark agent. Those who have no domicile or business office within the territory of Taiwan shall appoint a trademark agent to perform and manage relevant trademark affairs.
A trademark agent shall have a domicile in Taiwan. Unless otherwise provided by law, only certified trademark attorneys shall claim themselves as the professionals. Qualifications and administration for certified trademark attorney shall be prescribed by law.

Article 9
An application shall be rejected where, for trademark application and other procedures, the applicant fails to comply within statutory period, cannot correct those which are not in comformity to legal formality, or fails to correct those which are not in comformity to legal formality within the notified period of time.
An applicant may, in the case where the statutory period has been delayed from natural disasters or causes not attributable to the applicant, submit a written statement clarifying all reasons within thirty (30) days from extinction of such cause to the Registrar Office for restoration to the status quo ante. The aforementioned, however, does not apply to whom that has delayed the statutory period for over a year.
Where request for restoration to the status quo ante is made, proceedings that should have been done within the statutory period shall be carried out concurrently.

Article 10
The filing date of a trademark application and other trademark proceedings shall be based on the date when the written documents or articles arrive at the Registrar Office. The filing date of those arriving via postal service shall be based on the postmarked date of the place of origin.
Unless otherwise proved by the party concerned, the filing date of those whose postmarked date appears to be ambiguous will be based on the date of arrival at the Registrar Office.

Article 11

Regulatory fees shall be paid for trademark registration and other trademark related inquiries.
The amount of regulatory fees shall be prescribed under regulations by the Registrar Office.

Article 12
The Registrar Office shall publish and circulate an official gazette containing registered trademarks and relevant information thereof.

Article 13
The Registrar Office shall establish and maintain a trademark registry containing trademark registrations, changes to trademark rights, and all matters as prescribed by legislations, and shall make the said registry available to the public.
The trademark registry set forth in the preceding paragraph may be done in electronic format.

Article 14

Application and other procedures of trademark may be done in electronic format; regulations on the implementation date, application procedures, and other required matters thereof shall be prescribed by the Registrar Office.

Article 15
The Registrar Office shall appoint examiner(s) to examine trademark application, opposition, invalidation, and revocation.
Qualifications for examiner referred to in the preceding paragraph shall be prescribed by law.

Article 16
The Registrar Office shall render a written and stated decision on examination set forth in paragraph 1 of the preceding article, and deliver the said decision to the applicant.
The decision provided in the preceding paragraph shall be signed by the examiner(s).

Chapter 2
Trademark Application

Article 17
When filing for a trademark application, the applicant shall submit an application stating the proposed trademark, and the designated use on goods or services and the class(es) thereof to the Registrar Office.
The trademark referred to in the preceding paragraph shall be expressed in a visually perceptible representation.
When applying for trademark registration, the application shall provide and specify the applicant, the trademark representation, and the designated use on goods or services and the class(es) thereof; the filing date shall be the date on which the application is submitted.
An applicant may file for one trademark application designating for use on two and more classes of goods or services.
Classifications on goods or services shall be prescribed in the Enforcement Rules of this Act.
An assessment on similar goods or services shall not be constrained by the classifications on goods or services set forth in the preceding paragraph.

Article 18

A compromise shall be reached between two or more applicants, whose trademark applications submitted separately on the same day of which time precedence cannot be determined may likely to cause confusion to relevant consumers by providing the same or similar trademark representations and designating their use on the same or similar goods or services. Lots shall be casted where a compromise has failed to be reached.

Article 19
A proposed trademark featuring a descriptive or non-distinctive word, sign, symbol, color, or three-dimensional shape, where deletion of that feature will defect the whole of such trademark, may be registered when the applicant disclaims the exclusive right for using the said feature.

Article 20
Any changes to a trademark application shall be submitted to and approved by the Registrar Office.
No changes shall be made on the proposed trademark and the designated use on goods or services thereof after an application has been filed. However, the aforementioned does not apply to contraction on the scope of goods or services designated for use.
A request for change set forth in paragraph 1 shall be filed separately per application. However, an applicant owning two or more applications where change on the same matter to be taken place may make such change at once by filing for one single request.

Article 21
An applicant may request to the Registrar Office for dividing the designated use on goods or services into two or more applications, in which the original filing date shall remain as the filing date thereof.

Article 22
Rights derived from a trademark application may be assigned to another person.
An assignee of rights set forth in the preceding paragraph, unless requested and approved by the Registrar Office as the applicant, shall have no locus standi against any third party.