Trademark Concept

The types, right duration and requirement of Trademark

Type Right duration  Requirement
Trademark 10 years
(Can apply for a extension of 10 years)		 For the recognition of the own business or business services provided on the goods, with the meaning of those who wish to special-purpose trademark
Group Trademark 10 years
(Can apply for a extension of 10 years)		 The goods or services are provided for the recognition of a member of a group, the use of a group mark by a member of the group in the goods or services can be distinguished from the goods or services of others.
Group Label 10 years
(Can apply for a extension of 10 years)		 Any association, institute or other organization to commemorate their organization or membership, to be dedicated special label can apply.
Certification Label 10 years
(Can apply for a extension of 10 years)		 A legal person, a body corporate or a government agency that provides knowledge or technology to mark the identity, quality, precision, or other matters of other person's goods or services, or to have a special mark to prove the goods or services of others.
( Source: TIPO )


 

The types of trademark

Trademarks can be text, graphics, color marks, sound, three-dimensional shape or federated formed.


 

The protective purpose of Trademark

"Trademark"is commonly known as a brand or mark can distinguish the specific source of identification of goods or services, in order to avoid confusion and misunderstanding in order to safeguard the rights of trademark rights and the interests of consumers and prevent unfair competition and promote the normal development of industrial and commercial enterprises, law stipulate the subject and others can not be registered to exclude others from counfeiting a registered trardemark.


 

What is Trademark？

"Trademark" means a sign that distinguishes itself from others or goods or services. As the economy, civilization and marketing market are lively and diversified, the type of trademark may be packaging design, three-dimensional objects, sound and even smell. , The mark may consist of words, graphics, symbols, colors, sounds, three-dimensional shapes or any combination thereof. In any case, the minimum requirements of national trademark law, it must have to allow general merchandise purchasers to recognize, identify the characteristics of different sources of goods, the common name of goods or direct and obvious description, and more do not have the characteristics of trademarks（§ 5 ）。

The registered trademark has the right to exclude and authorize the use of the trademark, in addition to the traditional commodity or its packaging, the container marked label, there are three-dimensional, color and sound and other special forms of trademarks.
  • Three-dimensional trademark: refers to the three-dimensional space formed by the three-dimensional shape, so that buyers can distinguish between different goods or services of the source of identification; for example, the shape of the commodity or its packaging, container shape has been able to distinguish the source of goods identification function, can be registered as a three-dimensional trademark.
  • Color trademark: refers to the mere use of color as a trademark registration, and the color applied to the whole / part of the goods, containers or services provided by the business premises, etc., and the color itself has been sufficient to commend goods or service sources, Including the text, graphics or symbols and color of the joint mark,  can be register as a color trademark.
  • Sound Trademarks: Sounds that are sufficient to differentiate the relevant consumer from the source of the goods or services; for example, short identifiable commercials such as song, melody, voices, bells, bells or animal sounds. Can be register as a sound trademark
(Source : TIPO)


 

Who can submit the applicaton?

In general, domestic and foreign natural persons, legal persons or other commercial bodies (firms, firms) have the use of trademarks in recognition of business needs of goods or services are allowed to individuals, legal persons or business entities to apply for registration. However, there are additional requirements for group marks, group badges and certification badges: Group or group mark applicants are limited to associations, associations or other bodies with legal personality. Applicants are required to register with the competent government authority and shall apply to the court for the registration of corporate registration certificate and the use of norms, describe the qualifications of members and the control and use way of group trademark. (Commercial facilities § 39 ）。

The applicant for the certification mark is limited to a legal person, a body or a government agency that has the ability to prove the goods or services of others. Shall be accompanied by such documents as the qualifications or capacity of the applicant, the conditions of the certification mark, the manner in which the certificate is used and the statement that the applicant is not engaged in the manufacture, marketing or service of the certified goods.（Commercial facilities § 38 ）。

(Source: TIPO)


 

The protective purpose of Trademark

"Trademark" is commonly known as brand or brand, can distinguish the specific source of identification of goods or services, in order to avoid confusion to maintain the rights of trademark rights and consumer interests, and to prevent unfair competition and promote the normal development of industrial and commercial enterprises. The Trademark Law expressly prohibits the registration of others and prohibits others from impersonating registered trademarks（§1）。

(Source: TIPO)


 

What's the difference between Trademark, compay title?

Company title is on behalf of the business body itself, is equivalent of the name of natural persons; and the trademarks is to recognize of the the source of goods or services which provided by the business body. Firm names, trade names, etc. can also be used as a trademark to identify the source of the function, but the difference lies mainly in whether the way marked so that consumers have to distinguish the source of goods or services, rather than simply that their company .

(Source: TIPO)


 

Can two or more applicants apply the same trademark togehter?

If the applicants would like to acquire a trademark right together, the application for trademark registration can be filed together in accordance with Article 2 of the Trademark Law. The application shall be jointly named by all the co-owners and shall designate one of them as the representative (recipient). If does not designate the recipient, the first applicant listed in the application shall be the recipient.

(Source: TIPO)


 Why to apply the registeration of Trademark?

In order in recognition of his own goods or services, the applicant shall apply for registration of a trademark in accordance with the law and, after obtaining the trademark right, exclude the registration of the same or similar goods or services for the same or similar trademark designation. Where the trademark owner infringes his trademark rights, he may request damages, and may request the exclusion of the infringement; and those who have infringed the right may request to prevent it. However, the trademark of the same or similar in the same or similar goods or services, may not be affected by the effectiveness of trademark rights, but the original use of goods or services is limited; trademark owner And may require the addition of appropriate distinguishing marks.
（§2；§23Ⅰ○13；§30Ⅰ○3；§61）。

(Source: TIPO)