Content of the application
An application for trademark registration shall be made by filing a written application containing a statement of the mark as a trademark, a certification mark, a collective membership mark or a collective trademark, as well as the type of the mark, and specifying the following:
(1) the name, address of domicile or business establishment, and the nationality or locality of the applicant and, if any, the name of its representative;
(2) if any, the name and address of domicile or business establishment of agent;
(3) the name of the trademark;
(4) the reproduction of the trademark;
(5) the list of designated goods or services and the classes thereof;
(6) where the reproduction contains foreign languages, specification of the languages thereof;
(7) where a description is required, such description;
(8) where the priority right is claimed pursuant to Article 20 of the Act, the date of filing the first application, the country or the member of the WTO in which the first application was made, and the application number of the first application;
(9) where the exhibition priority is claimed pursuant to Article 21 of the Act, the date of the first display of the goods or services and the name of the exhibition;
(10) where Paragraph 3 of Article 29 or Paragraph 4 of Article 30 of the Act is applicable, the disclaimer.

Representation of the trademark
The reproduction of the trademark shall conform to the format published by the Registrar Office. The Registrar Office may require the applicant to furnish a description and a specimen of the trademark, if it deems necessary to help 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.

Color trademarks
Where the application contains a statement to the effect that the trademark is a color trademark, the reproduction of the trademark shall consist of a sample of the color or colors. The reproduction may use broken lines to show the manner, placement or context in which the color is or the colors are used on the designated goods or services.
The applicant shall furnish a description indicating the color or colors and the manner in which it is or they are used on the designated goods or services.

Three-dimensional trademarks
Where the application contains a statement to the effect that the mark is a three-dimensional trademark, the reproduction of the trademark shall consist of not more than six views depicting the three-dimensional shape.
The reproduction under the preceding paragraph may use broken lines to show the manner, placement or context in which the three-dimensional shape is used on the designated goods or services.
The applicant shall furnish a description explaining the three-dimensional shape. Where the trademark contains an element other than the three-dimensional shape, the explanation of the element shall be included in the description.

Motion trademarks
Where the application contains a statement to the effect that the trademark is a motion trademark, the reproduction of the trademark shall consist of one or a series of not more than six still images depicting the movement.
The applicant shall furnish a description explaining the movement in the sequential order and an electronic data carrier conforming to the format published by the Registrar Office.

Hologram trademarks
Where the application contains a statement to the effect that the trademark is a hologram trademark, the reproduction of the trademark shall consist of not more than four views of the trademark capturing the holographic effect in its entirety.
The applicant shall furnish a description explaining the hologram. Where the images change according to the angle at which the hologram is viewed, the description shall contain the explanation of the changes of the images.

Sound trademarks
Where the application contains a statement to the effect that the trademark is a sound trademark, the reproduction of the trademark shall be a musical notation on a stave or a numerical musical score. Where the sound cannot be represented by a musical notation on a stave or a numerical musical score, the reproduction shall be the written explanation of the sound.
While the reproduction is a musical notation on a stave or a numerical musical score under the preceding paragraph, the applicant shall furnish a description of the trademark.
The applicant shall furnish an electronic data carrier which conforms to the format published by the Registrar Office.

List of goods and services
While applying for a trademark registration, the applicant shall designate 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.
The Registrar Office 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.
For trademarks that are registered prior to the amendment to the Classification of Goods and Services, the class of goods or services for which a trademark is designated shall be that as registered. For trademarks that are not registered, the class of goods or services for which a trademark is designated shall be that as designated at the time of filing.

Calculation of the six-month priority period
The period of six months as prescribed in Paragraph 1 of Article 20 of the Act shall be counted from the day following the date of filing of the first application in a country which has reciprocal recognition of priority rights with the Republic of China (ROC) or with a member of the WTO to the filing date as prescribed in Paragraph 2 of Article 19 of the Act.

Documents of proof of exhibition priority
Where an application is filed with a claim for exhibition priority pursuant to Article 21 of the Act, the applicant shall submit a certificate issued at the exhibition by the host of the exhibition.
The certificate referred to in the preceding paragraph shall declare the following:
(1) the name of the exhibition and its venue, the name of the host of such exhibition, and the date of the first display of the goods or services;
(2) the name of the participant and his/her goods or services displayed at the exhibition; and
(3) the photographs showing the display of the goods or services, catalogs, brochures or any other documents capable of proving the content of the display.

Provisions applied mutatis mutandis to calculation of the six-month exhibition priority
Where an application is filed with a claim for exhibition priority pursuant to Article 21 of the Act, Rule 20 shall apply mutatis mutandis to the period of six months from the day following the date of the first display of goods or services of such application.

Filing on the same date
Where all of the applicants shall reach an agreement on the precedence by consultations among each other pursuant to Article 22 of the Act, the Registrar Office shall give all of such applicants a notice to undergo such consultations within specified period. Where no agreement is reached within such period, the Registrar Office shall give all of such applicants a notice of a specified date and location to casting lots for deciding precedence.

The amendments not substantially change the trademark
An amendment to the reproduction of a trademark that does not substantially change such trademark as prescribed in the proviso of Article 23 of the Act refers to any of the following:
(1) deletion of an element devoid of distinctiveness or likely to mislead the public as to the nature, quality, or place of origin of the goods or services;
(2) deletion of a particular pertaining to the weight or ingredients of goods, phone or address of agents or dealers, or any other purely informational matter;
(3) deletion of the internationally used symbol for a trademark or a trademark registration (the letter R enclosed within a circle); or
(4) a change that uses broken lines to indicate elements that are not part of the trademark.
Subparagraph 1 of the preceding paragraph shall not apply to a deletion which alters the commercial impression created by the original reproduction of such trademark being recognized by relevant consumers as an indication of the source.

Change to the application
A change to any particular in an application for registration pursuant to Article 24 of the Act shall be made by filing a written request, as well as furnishing documents of proof unless such change is not necessary to be proven by documents.
A request referred to in the preceding paragraph 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 particulars changed are the same for each application.

Correction of the application
Where a correction of errors in the particulars of an application for trademark registration is requested pursuant to Article 25 of the Act, the Registrar Office may require, if necessary, the applicant to furnish relevant proof.

Division of the application
A request for division of an application for registration shall be made by filing a written request indicating how many parts will the original application be divided into and the designated goods or services to be included in each divisional application.
The designated goods or services to be included in each divisional application shall not overlap or go beyond the scope of designated goods or services of the original application.
Where a request for division of an application for registration was filed after the registration was accepted and before the registration was published, the Registrar Office shall proceed the division of registration after the registration fee has been paid by the applicant and the registration was published.

Transfer of the application
A change to the name of applicant due to transfer of rights derived from an application for trademark registration pursuant to Article 27 of the Act 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 referred to in the preceding paragraph 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.

Proof of acquired distinctiveness
An applicant, who claims that the trademark has been used by him/her and has become, in trade, a sign capable of distinguishing his/her goods or services as prescribed in Paragraph 2 of Article 29 of the Act, shall furnish proof thereof.

A letter of consent is obviously improper
The term “obviously improper” as prescribed in the proviso of Subparagraph 10 of Paragraph 1 of Article 30 of the Act refers to any of the following:
(1) the trademark is identical with another person’s registered trademark or earlier filed trademark and to be applied for goods or services identical with those for which the registered trademark is protected or the earlier filed trademark is designated;
(2) the court grants an injunction prohibiting disposal of the registered trademark;
(3) the Registrar Office holds that the consent is obviously improper.

The meaning of “well-known”
The term “well-known” as prescribed in the Act refers to the circumstance where there is objective proof of a sign capable of being commonly recognized by the relevant enterprises or consumers.

The meaning of “the name of a juridical person, business or any group”
The term “the name of a juridical person, business or any group” as prescribed in Subparagraph 14 of Paragraph 1 of Article 30 of the Act refers to the specific part thereof.

The effect of giving a letter of consent on the persons who do so
Where the consent to the application for trademark registration had been given pursuant to the provisos of Subparagraphs 10 to 15 of Paragraph 1 of Article 30 of the Act, if afterward the person who consented to such earlier filed trademark files an application for registration of a trademark which shall not be registered as prescribed in Subparagraph 10 of Paragraph 1 of Article 30 of the Act in relation to such earlier filed trademark, the later filed trademark shall not be registered unless the proprietor of such earlier filed trademark consents to the application for registration of such later filed trademark.

Time limits for submitting opinion on intended refusal
The prescribed period within which an applicant may submit his/her opinion on the intended refusal referred to in Subparagraph 2 of Article 31 of the Act shall, when the domicile or business establishment of the applicant is in the territory of the ROC, be one month, or, when those conditions are not fulfilled, two months.
The applicant may request to extend the period referred to in the preceding paragraph by submitting a written statement clarifying the reason. The extension of such period may, when the domicile or business establishment of the applicant is in the territory of the ROC, be granted for one month, or, when those conditions are not fulfilled, two months.
Where the applicant requests for further extension of the period referred to in the preceding paragraph, the Registrar Office may, when it is appropriate according to the deficiencies to be remedied, the reason for further extension and the proof thereof, grant further extension of such period. A groundless request for further extension shall be inadmissible.