Chapter I General Provisions
The law conferring the authority to establish these Rules
These Rules are formulated pursuant to Article 110 of the Trademark Act (hereinafter referred to as “the Act”).
Form of application
Any application or request filed under the provisions of the Act or these Rules shall, except those transmitted by electronic means pursuant to Article 13 of the Act, be in written form and affixed with the signature or seal of the applicant or the signature or seal of the trademark agent only, if such agent is appointed. In order to check the identity or the qualification of the applicant, the Registrar Office may give the applicant a notice to furnish his/her identification documents, the certificate of juridical person or other documents of proof of the applicant’s qualification.
The format and number of the written form referred to in the preceding paragraph shall be prescribed by the Registrar Office.
Use of languages
The applications and documents submitted in relation to trademark matters shall be in Chinese. When the documents of proof are in foreign languages, the Registrar Office may give a notice to furnish a full or excerpted Chinese translation thereof if it deems necessary.
Documents of proof
Any document of proof submitted pursuant to the Act or these Rules shall be original. However, copies of the original may be used instead under the following:
(1) the original has been submitted to the Registrar Office, and the serial number of the file in which the original is has been identified in the copy; or
(2) the person who submits the copy has made a preliminary statement that the copy and the original are identical. In order to check the authenticity of the copy, the Registrar Office may give such person a notice to submit the original and has it returned after the authenticity has been checked.
Where an applicant appoints a trademark agent, a power of attorney shall be submitted, specifying powers delegated to the agent.
The appointment referred to in the preceding paragraph may relate to one or more existing and future trademark applications, changes, oppositions, invalidations, revocations and other relevant procedures.
Any change to the power delegated to the agent shall have no effect if a written notice thereof is not submitted to the Registrar Office.
Any change in the agent’s address for service shall be reported to the Registrar Office by giving a written notice thereof.
Special provisions for representation
An agent may carry out all acts which are covered by the powers delegated to him. However, the right to appoint and remove an agent, restrict the designated goods or services in an application or registration, withdraw an application or abandon a trademark right may only be carried out if the powers to that effect have been delegated.
The meaning of “not amended within the period specified in a notice”
The statement “not amended within the period specified in a notice” as prescribed in Paragraph 1 of Article 8 of the Act refers to the circumstance where amendment has not been made within the specified period or where the amendment made within the specified period was incomplete.
Extension of the specified period
The specified period during which an action should be done pursuant to the Act or these Rules other than Rule 34 may be extended if such extension is requested by the party concerned and the request is submitted to the Registrar Office, with the statement of the reason and the period of extension, before the original period expired.
Restoration to the status quo ante
While requesting for restoration to the status quo ante pursuant to Paragraph 2 of Article 8 of the Act, the applicant, holder or other interested person shall submit a written statement clarifying the cause of failure to comply within the statutory period and the date on which such cause vanishes; documents of proof shall be included.
Content of the Trademark Register
The Trademark Register shall contain the following entries:
(1) the registration number and the date of publication of registration;
(2) the application number and the filing date of the application;
(3) the name and address of domicile or business establishment of the proprietor of a registered trademark;
(4) the name of the trademark agent;
(5) an indication that the mark is a trademark, a certification mark, a collective membership mark or a collective trademark; an indication of the type of the trademark, and an indication that the reproduction is “in color” or “in black and white”;
(6) the name, the reproduction and the description of the trademark;
(7) the list of designated goods or services and the classes thereof;
(8) the date of priority and the country or the member of the World Trade Organization (WTO) in which the first application was made; the date of exhibition priority and the name of the exhibition;
(9) where the trademark is registered pursuant to Paragraph 2 or 3 of Article 29, the proviso of Subparagraphs 10 to 15 of Paragraph 1 of Article 30 or Paragraph 4 of the same article, that fact;
(10) particulars as to changes and corrections of the trademark registration;
(11) where the trademark right is renewed, the expiry date of the renewal period of the trademark right; where the trademark right is renewed in respect of only some goods or services, the list of such goods or services and the classes thereof;
(12) where the trademark right is divided, the original registration in the Register shall contain the registration numbers of the divisional registrations, and the divisional registrations in the Register shall contain the registration number of the original registration as well as the entries of the original registration in the Register;
(13) the list of goods or services restricted and the classes thereof;
(14) the name and domicile or business establishment of the transferee of the trademark right, as well as its trademark agent;
(15) the name of the licensee; where the license is exclusive or non-exclusive, that fact; the date when the license took effect and, if any, will be terminated; where the license is for some of the designated goods or services for which such trademark is registered and for a particular locality, the list of such goods or services, the classes thereof and the name of that locality. These provisions shall also apply to sub-license;
(16) the name of the pledgee and the amount of the claim secured by the pledge;
(17) particulars of a change of a license, sub-license or pledge;
(18) the extinguishment of a license, sub-license, and pledge;
(19) the cancellation or revocation of the registration and the grounds thereof; where the cancellation or revocation is in respect of some goods or services, the list of such goods or services and the classes thereof;
(20) the abandonment or extinguishment of trademark right;
(21) particulars of compulsory execution, administrative execution or insolvency proceedings noticed by courts or administrative execution agencies;
(22) any other particulars relevant to trademark rights and all other particulars prescribed by acts or regulations.
The entries made in the Trademark Register shall be published in the Trademark Gazette.