Trademark Element
A trademark may consist of any word, device, symbol, color, sound, three-dimensional shape (introduced from November 26, 2003) or any combination thereof.
Multiple classes and Division System
One application may cover goods or services of multiple classes, a trademark applicant or owner may apply for dividing one application to two or more applications; if a trademark application has been registered, certain goods or services designated thereto may still be divided; a request for severing trademark right may also be made before the conclusion of an opposition or invalidation action against such right.
FILING REQUIREMENTS
In order to get an earliest filing date, the following documents and information are required in an initial filing:
1. Specimen of the mark.
2 . Priority documents if priority is claimed.The following documents can be filed within three (3) months from the filing date.
1. An original Power of Attorney signed by the applicant. ( download now)
2. An original Declaration of intention to use signed by the applicant. ( download now)
3. Priority documents if priority is claimed.
REMARK
In the event of colored mark, additional five copies of the marks in black and white shall be submitted.
An individual can not file the application of certification mark/ collective mark.
PRIORITY
Priority can be claimed in connection with an application for trademark registration filed within six months from the day following the date of the first application for registration of the same trademark in a country which is a member of WTO.
Trademark registration fee
To avoid the increasing number of non-use trademarks, enhance the efficiency of trademark examination, and eliminate trademarks of a shorter service life in the marketplace, trademark registration fee shall be paid after a service of approval decision; failure to make the fee payment shall cause the approval invalid.
In addition, payment of official fee is installed in two installments, which enables a trademark owner decides, at his discretion, whether to pay the official fee for the second term or not, so as to manage trademarks effectively.
Opposition after a trademark has been registered
Once a trademark application has been approved and the official fee for the first term has been paid by the applicant, the registration shall be published; an opposition action may be filed within two months after the publication of the registration if anyone considers the registration to be illegal.
Duration of Protection
Ten years from registration date (subject to renewal for another ten years)
RENEWAL
Time for filing a renewal application: six months before and the expiry of the existing period.