FAQs

1. Whether the trademark is distinctive.

Whether the trademark applied for registration can be clearly distinguished from other goods or services. If the official considers that the trademark lacks these characteristics, it will issue objection. Any new word or daily word that is irrelevant to the scope of the business can be considered to be distinctive. For example, in terms of glasses, the new word "ZAPKOR" is distinctive; in terms of medical services, the word "BLOSSOM" is also distinctive.

2. Whether the trademark is a description of goods or services.

If the trademark is merely a description of the goods or services, or just the nature, use, quantity or value of the goods or services, the application will be refused. Similarly, application of a trademark using geographical names may also be refused. For example, the Trademarks Registry will object to the following trademarks: QUALITYHANDBAGS, FRESH AND NEW and FRESH AND NEW.

3. Whether the trademark is the common language in the industry.

If the trademark is the common language or icon of the industry, the Trademark Registry will object. For example: use ‘V8’ as a trademark for vehicle engines.

4. Whether it is the same or similar to the registered trademark.

Are there other people who have registered or applied for the same or similar trademarks for the same or similar goods or services? If the appearance or sound of the proposed registered trademark is the same or similar to other trademarks that have been registered or pending, the Trademark Registry will object to the proposed registered trademark.

You can apply for correction of obvious mistake in form. For example, if ABC Co. Limited is written as ABC Co. Limited, corrections can be allowed. However, if you write a completely different company name, such as ABC Limited as ACD Ltd., you can't correct it because it may involve the change of legal person. Applicants can only submit a new registration application that includes the correct applicant's name. The content of the application for correction may not affect the identity of the trademark or expand the scope of the designated use of the goods or services. For example, the product name is originally described as "cosmetic, that is, emulsion, lotion." corrected as "cosmetic, especially lotion, lotion.", in which the scope of goods or services is expended.

1. Formal examination of Taiwan trademarks

After the trademark document is submitted, the acceptance notice can be received in about two months. After the examination, the application number is given and the application time is confirmed after the application is submitted. At this stage, the official will examine whether the application documents meet the requirements.

2. Substantive examination of Taiwan trademarks

A trademark is examined for its registrability in accordance with the law. For example, whether it is distinctive or not. If the examiner considers the trademark is not suitable for registration, and issue a notice of refusal. The applicant can reply within the deadline or apply for a delayed response.

3. Publication of Taiwan trademarks

After the trademark passes the examination, the applicant will be informed that the trademark application has been accepted and publishes on the official gazette. Anyone can file an opposition during the three-month publication period and state the reasons and submit relevant evidence.

4. Registration of Taiwan trademarks

A trademark that is determined to be registered after opposition or without opposition in the publication period, will receive a registration certificate issue by official. The entire application process (if there is no rejection,opposition, etc.) takes about 10-12 months.

After registration, the applicant may assign the registered trademark right to another person. The assignor/assignee shall supply the signed or sealed contract or assignment certificate of both parties, and request assignment application in the name of trademark applicant. If the company's business entity is the same (the same company unified taxation code), only the company name is changed or the legal concept is changed from ‘limited company’ to ‘limited liability company’, amendment can be request with certificate of change. For joint trademark assignment case, if the application right for a joint trademark or the limited part of a the co-owner need to be transferred, the approval from all the co-owners should be supplied.

The period of registered trademark varies, but it is usually ten years. After paying the extra fee, you can renew it indefinitely. Trademark rights are private rights and the protection is enforced by court orders. After the trademark is submitted or registered, withdrawn can be requested.

1. Submitting the application

First-to-file principle Vietnam has adopted the first-to-file principle, that is, many different parties have filed two or more applications for same trademarks. Only the registration with the earliest priority or application date can be valid.

2. Formal examination

Applications for trademark registration submitted to NOIP should be subject to formal examination to evaluate their validity. The formal examination lasts one month from the filing date. During the process of formal examination, if the applicant need to correct or amend the document on its own initiative or at the request of the NOIP, the time for will be extended meanwhile the document is corrected or amended.

3. Substantive examination

The purpose of substantive examination for a trademark application is, in accordance with the requirements and the scope of protection, to assess the eligibility of the subject claimed in the application. The NOIP examiner will examine it within 6 months from the date of publication.

4. Publication

It will be published in the official gazette within 2 months from the effective date, to oppose the opinions and comments of third parties.

5. Granting trademark registration

If the examiner determines that the application meets the requirements, NOIP will issue a notice indicating that it intends to grant the trademark registration.