Trademarks of the following types shall not be registered:
1. any trademark in violation of the provisions of Article 5;

2. any trademark indicative of the shape, quality, function of the goods or services or otherwise descriptive thereof;

3. any trademark consisting of the symbol or name commonly used in association with the designated goods or services;

4. any trademark consisting of the three-dimensional shape of the goods or the packaging thereof which is necessary to obtain a utilitarian result;

5. any trademark identical with or similar to the national flag, the national emblem, the national seal, any military flag or insignia, any official seal, any government medal of the Republic of China, or the national flag of any other country;

6. any trademark identical with the portrait or name of Dr. Sun Yat-sen or the leaders of the Republic of China;

7. any trademark identical with or similar to the symbol of any R.O.C. governmental agency or any exhibition, or any prize medal, or citation awarded by such governmental agency or by the authorities of the exhibition;

8. any trademark identical with or similar to the name, insignia, or symbol of any famous international group or famous domestic or foreign organization;

9. any trademark identical with or similar to the certification mark㊣ or any other foreign or domestic certification mark of the same nature;

10. any trademark the use of which would violate public order or good morals;

11. any trademark likely to mislead the public as to the nature, quality or place of origin of the goods or services;

12. any trademark identical with or similar to another’s well-known mark thus likely to engender confusion among the related public or impair the distinctiveness or reputation of the well-known mark. This provision shall, however, not apply where the applicant has obtained consent of the proprietor of the well-known mark to registration of its trademark;

13. any trademark identical with or similar to a trademark registered or filed earlier by another person in respect of the same or related goods or services thus likely to confuse the related consumers. This provision shall, however, not apply where the applicant has obtained consent of the proprietor of the prior mark to registration of its trademark, unless the two parties’ trademarks and designated goods or services are identical;

14. any trademark identical with or similar to a trademark which has been used previously by another person in respect of the same or related goods or services, and the applicant, due to contract, geographical link, business transaction or other relations with such third party, was aware of the existence of the third-party mark. This provision shall, however, not apply where the applicant has obtained the consent of such party to registration of its trademark;

15. any trademark containing the portrait, or the famous name, performing name, pen-name, or alias of another person. This provision shall not apply, however, where the applicant has obtained the consent of such person to registration of its trademark;

16. any trademark containing the name of a famous legal entity, business firm or other group thus likely to engender confusion among the related public;

17. any trademark the use of which has been rendered in an irrevocable court decision to infringe another’s copyright, patent or other rights. This provision shall not apply, however, where the applicant has obtained the consent of such party to registration of its trademark; and

18. any trademark for wines identical with or similar to a geographical indication identifying wines in this country or any other country or jurisdiction which has exchanged mutual recognition of trademark protection with this country.

Applicability of the provisions set forth in Item 12, Items 14 through 16, and Item 18 of the preceding paragraph shall be determined on the basis of the situation at the time of filing.

The provisions of Items 7 and 8 of the first paragraph shall not apply where the applicant is a governmental agency or a related organization.

In the event of the circumstance referred to in Item 2 of the first paragraph or violation of the provision of the second paragraph of Article 5, where the mark has been used by the applicant and has become distinctive of the applicant’s goods or services in the course of trade, the provisions of this Article shall not apply.

Whenever, upon examination, a trademark application is found unacceptable in view of the provisions of the first paragraph of the preceding Article or the fourth paragraph of Article 59, an Office Action shall issue.
Before issuance of the Office Action referred to in the preceding paragraph, the applicant shall be served with the written reasons therefor with a request to submit opinions within 30 days from the day following the date of service of the same.

In the absence of the circumstance as referred to in the first paragraph of the preceding Article, an application for trademark registration shall be allowed.
Whenever a trademark has been accepted, the applicant shall pay the registration fee within two months from the next date of receipt of the Notice of Allowance in order that registration of the mark may be announced and the Certificate of Registration may be issued. In the event of failure to conduct payment within the specified time period, there shall be no announcement of registration and the Notice of Allowance shall be nullified.

Registration fee referred to in the second paragraph of the preceding Article may be paid in two installments. In the event of payment in two installments, the second installment shall be conducted within three months prior to the expiration of three years calculated from the date of registration announcement.
In the absence of payment of the second installment within the time period specified in the preceding paragraph, it may be made within six months after the expiration of such period by paying double registration fee.
Failure to conduct payment according to the provisions of the preceding paragraph shall result in lapse of the registration from the day following the expiry date of the grace period for payment.