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Trademark
Law
Chapter
Eight
Certification Marks, Collective Marks Chapter Eight and Collective Trademarks
¡@¡@Article
072 ~ Article 080
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72 Certification Marks |
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Any
entity, certifying by means of its mark, characteristic, quality,
accuracy, place or origin, or other aspects of another's goods or
services, and wishing to acquire the exclusive right to use the
mark, shall apply for registration of certification mark.
Applicants for registration of certification marks shall be limited
to legal entities, groups, or governmental agencies capable of certifying
other's goods or services.
Where
the applicants referred to in the preceding paragraph engage in
business activities in relation to the goods or services sought
to be certified, they shall be refused registration.
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| Article
73 Definition of ¡§certification mark use¡¨ |
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¡§Certification
mark use¡¨ as referred to in this Law means, with the consent of
the certification mark proprietor, use of the certification mark
by others on their goods, services, or the pertinent articles or
documentation for the purposes of certifying the characteristic,
quality, accuracy, place or origin, or other aspects of such goods
or services.
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| Article
74 Collective marks |
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Any
legal entity including union, association, or any other group which
wishes to acquire the exclusive right to use a mark for the purposes
of identifying its organization or membership in such organization,
shall apply for registration of collective mark.
Application for collective mark registration referred to in the
preceding paragraph shall be made by filing with the Trademark Office
an application form specifying pertinent matters and accompanied
by regulations concerning use of the collective mark.
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| Article
75 Definition of ¡§collective mark use¡¨ |
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¡§Collective
mark use¡¨ as referred to in this Law means use of a collective mark
by an organization or its members on the pertinent articles or documentation
for the purposes of identifying its organization or membership in
such organization.
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| Article
76 Collective trademarks |
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Any
legal entity including union, association, or other collective group
which wishes to acquire the exclusive right to use a mark for the
purposes of distinguishing the goods or services provided by its
members from those provided by others, shall apply for registration
of collective trademark.
Application for collective trademark registration referred to in
the preceding paragraph shall be file with the Trademark Office
by submitting an application form designating the class and goods
or services to be covered by the mark, along with regulations concerning
use of the collective trademark.
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| Article
77 Definition of ¡§collective trademark use¡¨ |
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¡§Collective
trademark use¡¨ as referred to in this Law means use of a collective
trademark by members of an organization on goods or services for
the purposes of distinguishing their goods or services from those
provided by others.
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| Article
78 Assignment, license and pledge subject to certain conditions |
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Certification
mark, collective mark or collective trademark rights shall neither
be transferred nor licensed to others, nor shall such rights serve
as the subject of a pledge. This provision shall, however, not apply
where the transfer or the granting of a license to another to use
such mark is not likely to adversely affect the interests of consumers
and contravene fair competition in the course of trade, and where
consent thereto has been given by the Trademark Office.
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| Article
79 Grounds for cancellation |
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In
the event of inadequate use of a certification mark, collective
mark or collective trademark by the proprietor or its licensee/sublicensee
thus causing damages to others or the public, the Trademark Office
may, at the request of any person or ex officio, revoke the registration.
¡§Inadequate use¡¨ as referred to in the preceding paragraph shall
be established in any of the following events:
1.
Where the certification mark is used as a trademark or indicated
on articles or documentation related to the goods or services provided
by the certification mark proprietor;
2.
Where use of the collective mark or collective trademark engenders
public confusion as to the nature of the organization;
3.
Where the mark is transferred, licensed or deposited as a pledge
in violation of the provisions of the preceding Article;
4.
Where there is a showing of violation of the Regulations concerning
use of the mark; and
5.
Where there is a showing of other inadequate use.
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| Article
80 Applicability of provisions relating to trademarks |
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Unless
otherwise prescribed by this Chapter, the provisions in this Law
relating to trademarks shall apply, mutatis mutandis, to certification
marks, collective marks and collective trademarks according to their
respective nature.
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