Chapter 2 Trademark Application

Article 17 Application for registration

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 Concurrent filing of conflicting trademarks by different persons

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 Disclaimer

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 Amendment during examination

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 Divisional applications

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 Assignment of trademark application; effect of assignment recordation

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.