Trademark Law

Chapter Eight
Certification Marks, Collective Marks Chapter Eight and Collective Trademarks
¡@¡@Article 072 ~ Article 080

Article 72 Certification Marks

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.


Article 73 Definition of ¡§certification mark use¡¨

¡§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.


Article 74 Collective marks

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.


Article 75 Definition of ¡§collective mark use¡¨

¡§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.


Article 76 Collective trademarks

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.


Article 77 Definition of ¡§collective trademark use¡¨

¡§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.


Article 78 Assignment, license and pledge subject to certain conditions

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.


Article 79 Grounds for cancellation

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.


Article 80 Applicability of provisions relating to trademarks

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.