Article 23 Unregistrable trademarks
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 25 Notice of Allowance
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. |
