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Chapter Law Content

Title: Trademark Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter III Certification Mark, Collective Mark and Collective Trademark
Article 80
Definitions of certification mark and geographical certification mark
A certification mark is a sign that serves to certify a particular quality, accuracy, material, mode of manufacture, place of origin or other matters of another person’s goods or services by the proprietor of the certification mark and distinguish the goods or services from those that are not certified.
Where the certification mark referred to in the preceding paragraph serves to certify a place of origin, the goods or services from that geographical region shall have a given quality, reputation or other characteristic. An applicant may file an application for registration of a sign which contains such geographical name or is capable of indicating such geographical region as a geographical certification mark.
The Competent Authority shall coordinate with the central government authorities in charge of end enterprises in order to provide guidance and grants to industries that are in difficulties, industries that are on the verge of being in difficulties and traditional industries, to help them raise their productivity and the quality of their products; and to help them establish industry-specific certification marks to certify their products as made in Taiwan.
The regulations governing the identification, provision of guidance, objects and standards and duration of provision of grants, and other matters to be followed shall be prescribed by the Competent Authority in consultation with each central government authority in charge of end enterprises. If necessary, fees charged in connection with the certification mark may be waived.
Article 81
Applicant of certification mark
Only a juridical person, a group or a government agency which is competent to certify another person’s goods or services shall be eligible to be an applicant of an application for registration of a certification mark.
An applicant referred to in the preceding paragraph who carries on a business of goods or services of the kind certified shall not file an application for registration of a certification mark.
Article 82
Requirements of application for registration of certification mark
An applicant of an application for registration of a certification mark shall file documents of proof of its competence to certify another person’s goods or services, regulations governing the use of the certification mark, and a declaration that it does not carry on a business involving manufacture and marketing of goods or provision of services of the kind certified.
If there is any doubt about the representativeness of the applicant of an application for registration of a geographical certification mark, the Registrar Office may consult and seek advice from the central government authorities in charge of business related to such goods or services.
A foreign juridical person, group or government agency, who files an application for registration of a geographical certification mark, shall file documents of proof of such geographical certification mark being protected in the name and country of origin of such applicant.
The regulations governing the use of the certification mark referred to in Paragraph 1 shall specify the following:
(1)The characteristics to be certified by the certification mark;
(2)The conditions on the use of the certification mark;
(3)The methods of managing and supervising the use of the certification mark; and
(4)The procedures for applying to use the certification mark and resolving disputes thereof.
The Registrar Office shall publish the registration of the certification mark along with regulations governing the use of such mark; any amendment of such regulations after registration is not effective unless the amended regulations are accepted and published by the Registrar Office.
Article 83
Use of certification mark
“Use of a certification mark” means the use of such mark by any person who is allowed by the proprietor of such mark in accordance with the conditions prescribed in the regulations governing the use of such mark.
Article 84
Special provisions for geographical certification mark
Subparagraph 1 of Paragraph 1 and Paragraph 3 of Article 29 shall not apply to the geographical name in a geographical certification mark.
A registered geographical certification mark shall not entitle the proprietor to prohibit a third party from indicating place of origin in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters.
Article 85
Definition of collective mark
A collective mark is a sign that serves to identify the membership of members in an association, society or any other group which is a juridical person and distinguish such members from those who are not members.
Article 86
Requirements of application for registration of collective mark
An application for registration of a collective mark shall be made to the Registrar Office by submitting an application containing relevant matters and filing the regulations governing the use of the collective mark.
The regulations governing the use of the collective mark referred to in Paragraph 1 shall specify the following:
(1)The qualifications of the members,
(2)The conditions on the use of the collective mark;
(3)The methods of managing and supervising the use of the collective mark; and
(4)The provisions against any violation of the regulations.
Article 87
Use of collective mark
“Use of a collective mark” means the use of such mark by any member to identify his/her membership in a group in accordance with the conditions prescribed in the regulations governing the use of such mark.
Article 88
Definition of collective trademark and geographical collective trademark
A collective trademark is a sign that serves to indicate goods or services of a member in an association, society or any other group which is a juridical person and distinguish goods or services of such member from those of others who are not members.
Where the collective trademark referred to in the preceding paragraph serves to indicate a specific place of origin of goods or services of a member, such goods or services from that geographical region shall have a given quality, reputation or other characteristic. An applicant may file an application for registration of a sign which contains such geographical name or is capable of indicating such geographical region as a geographical collective trademark.
Article 89
Requirements of application for registration of collective trademark
An application for registration of a collective trademark shall be made to the Registrar Office by submitting an application designating goods or services and filing the regulations governing the use of the collective trademark.
The regulations governing the use of the collective trademark referred to in Paragraph 1 shall specify the following:
(1)The qualifications of the members,
(2)The conditions on the use of the collective trademark;
(3)The methods of managing and supervising the use of the collective trademark; and
(4)The provisions against any violation of the regulations.
In addition to the matters which shall be specified referred to in the preceding paragraph, the regulations governing the use of the geographical collective trademark shall also specify that any person from the corresponding geographical region whose goods or services and qualifications comply with the conditions contained in such regulations may be allowed to become a member of the group by the proprietor of the geographical collective trademark.
The Registrar Office shall publish the registration of the collective trademark along with regulations governing the use of such mark; any amendment of such regulations after registration is not effective unless the amended regulations are accepted and published by the Registrar Office.
Article 90
Use of collective trademark
“Use of a collective trademark” means the use of such mark by the group or any of its members in accordance with the conditions prescribed in the regulations governing the use of such mark.
Article 91
Provisions applied mutatis mutandis to geographical collective trademark
Paragraph 2 and Paragraph 3 of Article 82 and Article 84 shall apply mutatis mutandis to geographical collective trademarks.
Article 92
Limitation of transfer, license and pledge
The right of a certification mark, collective mark or collective trademark shall not be transferred, licensed, or be the subject of a pledge, unless such transfer or license is unlikely to damage the interests of consumers or contravene fair competition and has been accepted by the Registrar Office.
Article 93
Special provisions for grounds for revocation
The Registrar Office may, upon an application by any person or ex officio, revoke the registration of a certification mark, collective mark or collective trademark if:
(1)The certification mark is used by the proprietor of such mark as a trademark;
(2)The proprietor of the certification mark carries on a business of goods or services of the kind certified;
(3)The proprietor of the certification mark is no longer competent to certify another person’s goods or services to which the registration certification mark is designated;
(4)The proprietor of the certification mark discriminates against those who apply for certification;
(5)The proprietor of such trademark or mark transfers, licenses, or creates a pledge which falls under the preceding article;
(6)The proprietor of such trademark or mark does not manage or supervise the use pursuant to the regulations governing the use; or
(7)The proprietor of such trademark or mark uses such trademark or mark improperly that is likely to cause damage to others or the public.
The revocation shall also apply in the case where the proprietor of the registered certification mark, collective mark or collective trademark who, knowingly or with reasonable grounds to know, shows no objection to the conduct as prescribed in the preceding paragraph by a licensee.
Article 94
Provisions applied mutatis mutandis to certification mark, collective mark and collective trademark
Unless otherwise prescribed in this Chapter, the provisions of this Act in relation to a trademark, except Paragraph 8 of Article 19, shall apply mutatis mutandis to a certification mark, collective mark or collective trademark.