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 length and width. Do not use photographic paper, which may fade or cannot be affixed to the certificate of trademark registration. The Registrar Office may require the applicant to furnish a description and a specimen of the trademark, if this is deemed necessary to help with the examination of the reproduction.

The reproduction may use broken lines to show the manner, placement or context in which the trademark is used on the designated goods or services. The matter shown by the broken lines is not a part of the trademark.

A description as prescribed in the first paragraph refers to the explanation of the trademark itself and the manner in which the trademark is used on the goods or services.

A specimen as prescribed in the first paragraph refers to the sample of the trademark or the electronic data carrier that contains the stored representation of the trademark.

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 according to the order of the Classification of Goods and Services, and shall specifically list the names of the goods or services. TIPO shall publish the Classification of Goods and Services according to the headings of classes under the International Classification of Goods and Services published by the World Intellectual Property Organization.

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.

Goods that are not specified in the International Classification can still be classified by their nature, function and material.

A trademark is used for identifying goods that one produces or for which one acts as an agent, and a general agent promotes and publicizes the goods it selects or sells in the ROC. With the consent of the original trademark right holder, the general agent may apply for registration of the foreign trademark in its own name. However, if it is agreed that the general agent is authorized to market the goods only, without consent from the original trademark right holder, the general agent may not apply for registration of the foreign trademark in its own name, but instead, the application shall be filed in the name of the foreign merchant or manufacturer.

The procedures for examining a trademark application differ from a general application filed by the public and are more complicated. In addition to examining the designated goods, a search of the representations of prior registered trademarks and the examination on whether the trademark has any unregistrable conditions must be carried out. The examination of a trademark application takes some time, approximately five to seven months.

The Trademark Act is a territory-based law, and the protection of a registered trademark is made on the territory basis. Hence, it is possible for different people to acquire the registration of an identical trademark in different countries. If a manufacturer considers any global factor with respect to the operation and marketing strategies of its trademarked goods/services, it has to seek international protection by filing applications in the countries where its goods/services are provided.

Any words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof contained in a trademark shall be distinctive enough to allow a relevant consumer to identify the trade source of certain goods/services of a certain manufacturer or merchant and to distinguish such goods or services – in such cases, the trademark is deemed to have distinctiveness. After a trademark is registered, the trademark right holder thereof enjoys the right to its exclusive use as well as the right to exclude others from using it. Therefore, a trademark as a whole must be distinctive.

If a trademark contains any descriptive or non-distinctive word or figure, and where the inclusion of that element in the trademark could give rise to doubts as to the scope of the trademark rights, the applicant shall state that he/she disclaims any exclusive right to such element. Such trademark without disclaimer shall not be registered.

Yes. Except for "trademark" and "goods or services designated for a trademark" which cannot be changed after the application for registration of the trademark has been filed, any change to the applicant's address or the representative during the proceeding of the trademark application may be made in writing stating such change.

Yes. After an application for registration of a trademark has been filed, rights derived from a trademark application may be assigned to another person.

A change to the name of applicant due to transfer of rights derived from an application for trademark registration shall be made by filing a written request, as well as furnishing the contract or any other documents of proof of such transfer. A request shall be filed for a single application for registration. A single request shall be sufficient even where the change relates to more than one application, provided that the applicant and the transferee are the same for each application.

Trademark registration adopts the "first to file" principle, so the granting of a filing date certainly affects another person's rights and interests. Once the applicant of a trademark application has clearly nominated "the trademark" and "the goods or services" sought to be registered, he/she may not randomly add or replace the goods or services thereafter. However, restriction or deletion of the goods or services is not subject to the rule because it is meant to reduce the scope of protection and therefore, will not affect another person's rights and interests.