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| Taiwan Trademark Act |
Enforcement Rules of
Taiwan Trademark Act |
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Enforcement Rules of Taiwan Trademark Act |
Announced on Dec. 30, 1930 by the Ministry of Industry
Amended & Announced on Sep. 3, 1932 by the Ministry of Industry
Amended & Announced on Jan. 8, 1947 by the Ministry of Industry
Amended & Announced on March 18, 1960 by the Ministry of Economic Affairs (MOEA)
Amended & Announced on June 13, 1973 by the MOEA Order
Amended & Announced on May 6, 1982 by the MOEA Order
Amended & Announced on Oct. 19, 1987 by the MOEA Order
Amended & Announced on Oct. 23, 1991 by the MOEA Order
Amended & Announced on July 15, 1994 by the MOEA Order
Amended & Announced on Sep.15, 1999 by the MOEA Order
Amended & Announced on Apr.10, 2002 by the MOEA Order
Amended on December 10, 2003 by the Ministry of Economic Affairs as per Order No. Ching-Chih-09200616810
Article 34 and the Schedule of Article 13 amended on September 3, 2007 by the Ministry of Economic Affairs as per Order No. Ching-Chih-09604604300 |
Article 1~10 |
Article 1
These Regulations are formulated pursuant to the provisions of Article 93 of the Trademark Act (hereinafter referred to as "the Act"). |
Article 2
Any application filed under the Act or these Regulations shall use the form provided by the Registrar Office in the number of copies prescribed, and shall bear the signature or seal of the applicant. For an application filed by a trademark agent, it may be signed or sealed by the agent only. |
Article 3
With regard to an application for registration of a single color trademark, a three-dimensional trademark, a sound trademark or a collective trademark with a claim of priority right, any priority date that is earlier than November 28, 2003, shall be deemed to be November 28, 2003. |
Article 4
Where an applicant appoints a trademark agent, an original power of attorney shall be submitted, specifying powers delegated to the agent.
The appointment specified under the preceding paragraph may be made in a general basis covering one or multiple existing or future trademark applications, changes, oppositions, invalidation, revocations and other relevant procedures.
After the original of a general power of attorney specified in the preceding paragraph has been submitted to the Registrar Office, a duplicate copy of such power of attorney thereafter may satisfy the requirement for any individual procedure specified under the scope of appointment. However, the Registrar Office, when deems necessary, may notify the applicant to submit supporting documents proving the existence of the appointment relationship.
In submittal of a copy of the power of attorney under the preceding paragraph, a statutory declaration stating its authenticity to the original and the serial number of the case filed with the original power of attorney shall also be provided. |
Article 5
The Registrar Office, when deems necessary, may notify the applicant of a trademark application to submit a certificate of identification or a certificate of incorporation. |
Article 6
The applications and all relevant documents submitted shall be in Chinese. Certificates or other documents written in foreign languages shall be accompanied by a full or excerpted Chinese translation thereof as required. |
Article 7
The filing date of a single color trademark application, a three-dimensional trademark application, a sound trademark application or a collective trademark application filed prior to November 28, 2003, shall be deemed to be November 28, 2003. |
Article 8
In applying for a trademark registration, the applicant shall submit an application accompanied by five duplicate copies of the trademark representation, between 8 centimeters and 5 centimeters in length and width. In the case of a colored trademark, two additional black and white duplicates thereof shall be provided. |
Article 9
In applying for a color trademark registration, the applicant shall submit an application with an indication stating to that effect, and specifying the color(s) along with a relevant description.
The trademark set forth under the preceding paragraph may appear, in dotted lines, the manner, placement or context in which the trademark is actually applied on the designated goods or services.
"Dotted lines" under the preceding paragraph do not belong to part of the color trademark. |
Article 10
In applying for a sound trademark registration, the applicant shall submit an application containing an indication stating to that effect, and the trademark shall be represented by musical score, numerical musical score or a written description. In addition, a CD recording of the sound shall be submitted. In providing the musical score or the numerical musical score, a written description shall also be enclosed. |
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