Who is eligible for filing a trademark application?
Generally speaking, any domestic or foreign natural person, juristic person or business entities (business establishments or firms) who use trademark to identify the goods or services they offer in trade, may file a trademark application in the name of an individual, juristic person or business entity, except for collective trademarks, collective membership marks and certification marks, which are subject to the following rules:
The applicant of a collective trademark or collective membership mark is restricted to business associations, social organizations, or groups that exist as a juristic person. In filing an application, the applicant must submit the certificate of incorporation proving that the applicant has been registered and filed with the competent authority and has completed its recordation as a juristic person with a court, and the regulations governing the use of the collective trademark or collective membership mark, specifying membership qualifications and the regulations controlling the use of the collective trademark or collective membership mark.
The applicant of a certification mark is restricted to juristic persons, groups or government agencies who are capable of certifying another party's goods or services. In filing an application, the applicant must submit documents specifying the qualifications or capability to issue the certification, requirements for labeling the certification mark, the rules governing the use of the certification mark, and a declaration stating that the applicant does not engage in the manufacturing and marketing of the goods to be certified or provision of the services to be certified.
How is the representation of a trademark in an application prepared?
The "representation of a trademark" mainly shows the trademark sought to be registered by the applicant and to be published in the Trademark Gazette for the public so as to prevent businesses from repeating or using the design. The applicant should use strong, durable and clean paper (for example: copy paper) to depict the trademark representation in five copies, each between 8 centimeters and 5 centimeters in lengths and widths. In the case of a colored trademark, two additional black and white copies thereof shall be provided. Do not use photographic paper, which may fade or cannot be adhered to the certificate of trademark registration.
In filing a color trademark application, the color(s) used along with a relevant description shall also be included in addition to the abovementioned.
In filing a sound trademark application, in addition to five copies of the trademark representation in musical scores, numerical musical scores or a written description, a CD recording of the sound (.wav) shall be submitted.
In filing a three-dimensional trademark application, in addition to five copies (at most) of the trademark representation in three-dimensional form, five additional perspective drawings or samples made from different views but at the same scale should also be provided.
How to fill in the column of the names of goods or services designated for a trademark application?
The names of the goods or services designated by the applicant shall be specific for protecting the trademark rights and for publishing in the Trademark Gazette for the public.
The applicant shall clearly indicate the class(es) of goods or services as designated by the table specified in Article 13 of the Trademarks Regulations. The names of goods/services are given by the names commonly used in the market. If the names of certain goods/services cannot be ascertained because they are new products or services or are translated terms, the product catalogues proving the actual use or the materials describing functions, uses and raw materials may be submitted for examination.