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.