Trade Mark
Type of entitlement
Based on Registration
The scope of rights
territorialism
Rights period
10 years
Can renewal
Trademarks can be texts, words, symbols or graphics. In addition to common trademarks, colors, shapes of goods or motion, holograms, sounds, and smells can be regarded as trademarks, and are not limited to a single type. Trademarks also have It may be a combination of two or more of the above elements.
The main function of a trademark is to recognize the source of goods or services in the marketplace and to distinguish it from others' goods or services.
Trademark classification
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When applying for trademark registration, the applicant shall submit a list at the same time, which clearly lists all the goods or services for which the trademark registration is applied, as the scope of trademark protection.
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Now the main international classification of trademarks is the "Nice International Classification of Goods and Services" provided by the World Intellectual Property Organization (WIPO). service items.
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The Taiwan Trademark Classification Table can be found here.
Trademark age
For most countries, the period after a trademark is registered is 10 years from the date of application or registration, and an extension is required every 10 years, and there is no limit to the number of extensions.
For some special countries, there are different years or a specified period after registration to submit proof of use.
Do I have to register a trademark?
A trademark cannot be used without registration, but to exercise trademark rights, it must be registered in accordance with the law in order to obtain trademark protection; the protection available to trademark owners includes:
The exclusive right to use the registered trademark on the registered goods or services;
The right to authorize others to use the registered trademark on the goods or services specified by the registration;
To resell or set a pledge of a registered trademark;
Prevent others from using the registered trademark on goods or services that may be covered by the registration to avoid confusion;
The customs are required to prohibit the import or export of goods that infringe the registered trademark.
I should How to apply for a trademark?
Because of the registration system and territorialism, if you want to obtain protection in various countries, you need to apply in each country. Except for the review time and the review procedures in some countries, generally speaking, the trademark application process is as follows:
Prepare required documents
submit application
Review by the Intelligence Bureau (ranging from 3 to 36 months according to national standards)
Notification of refusal
get registered
Safeguarding trademark rights
The above procedure is an official registration procedure only, From the standpoint of an agent, the applicant must not ignore the trademark search before the application, the layout of the designated category, the designated goods or services, and the actual use of the trademark after the application, the cancellation of three years of unused use, and the oath specification in some countries.