|
Trademark
Law
Chapter
Two Applications for Trademark Registration
¡@¡@Article
017 ~ Article 022
| Article
17 Application for registration |
 |
|
To
apply for trademark registration, an applicant shall file with the
Trademark Office an application form designating the trademark,
class and goods or services for which registration of the trademark
is sought.
The trademark referred to in the preceding paragraph shall be represented
by a visually perceivable specimen.
In the event of application for trademark registration, the date
upon which application form specifying the applicant, trademark,
and goods or services of interest is lodged shall serve as the filing
date.
When
filing an application for trademark registration, an applicant may
designate multiple classes of goods or services.
Classification
of Goods and Services shall be prescribed in the Enforcement Rules
of this Law.
The
test of "similarity of goods or services" shall not be
restricted by the Classification of Goods and Services referred
to in the preceding paragraph.
|
| Article
18 Concurrent filing of conflicting trademarks by different persons
|
 |
|
Where
two or more persons have applied to register on the same date identical
or similar trademarks in respect of the same or related goods or
services thus likely to engender confusion among the related consumers
and it cannot be ascertained which application was filed first,
the applicants shall negotiate for a mutual agreement. If no agreement
can be reached, priority shall be determined by the drawing of lots.
|
| Article
19 Disclaimer |
 |
|
Where
a trademark includes a word, character, device, symbol, color or
three-dimensional shape, which is descriptive or non-distinctive
and deletion of such component will deprive the trademark of its
integrity, application may be filed for registration of the trademark
provided that the applicant disclaims the exclusive right to use
the particular component.
|
| Article
20 Amendment during examination |
 |
|
Where
there is any change in the particulars of an application for trademark
registration, application for amendment shall be filed with the
Trademark Office.
The trademark itself and the designated goods or services shall
not be amended after filing. This provision shall, however, not
apply to the restriction of the specification of goods or services.
The amendment as referred to in the first paragraph shall be conducted
for each trademark respectively. However, where the applicant has
two or more applications and the changes involved are the same,
a single application for amendment shall suffice.
|
| Article
21 Divisional applications |
 |
|
According
to the designated goods or services, an applicant may request the
Trademark Office to divide its application into two or more applications
with a claim for the benefit of the original filing date.
|
| Article
22 Assignment of trademark application; effect of assignment recordation |
 |
|
Any
rights derived from an application for trademark registration may
be transferred to another.
Any person having been assigned the rights as referred to in the
preceding paragraph, shall have no locus standi against any third
party unless application for change of applicant has been approved.
|
|