A trademark is a sign used to distinguish one’s goods and services from those provided by others. In Taiwan, a trademark refers to a sign consisting of any word, figure, symbol, color, sound, three-dimensional shape or any combination thereof.
The name of a company or a firm represents the business entity itself, while a trademark is used for identifying the source of goods/ services provided by the business entity. The name of a company or a firm may also serve as a trademark for identifying certain trade source. The main difference, however, lies within the method of indication if such method suffices in allowing consumers to identify the source of goods or services, rather than simply signifies the name of the company or firm.
Power of attorney, designated class, dscription of goods/ services, and clear trademark representation.
Power of attorney could be late submitted.
The examination of a trademark application takes approximately 8-10 months.
The applicant may select to pay the registration fee in one lump or in two installments. If the applicant chooses the latter, the first installment of the registration fee should be paid within two months from the day following the receipt of a notice notifying the trademark approval, and the second installment must be made within three months before the end of the third year, starting from the date of publication of the registration, if the applicant considers that the continuous use of the trademark is necessary.
Use of a trademark is not confined to the marketing of the trademark in domestic market; for goods bearing a registered trademark in the roc, as the trademark aims to identify these goods as coming from a manufacturer that is entitled to protection under the trademark act of this country, it shall still be deemed a use of the registered trademark even though the goods are for exportation only.