1 
 Regulations Governing the Implementation of Filing Trademark 
Applications and Services by Electronic Means  
 
 Enact ed and Promulgated on  May  9, 2008  by the Ministry of 
Economic Affairs  
 Amended and Promulgated on  June  29, 20 12 by the Ministry of 
Economic Affa irs 
 Amended and Promulgated on  December  6, 2013 by the Ministry of 
Economic Affairs  
 Amended and Promulgated on  July 1 3, 2015  by the Ministry of 
Economic Affairs  
 
Article 1  
These Regulations are formulated pursuant to Article 13 of the 
Trademark Act (herein after referred to as “the Act”).  
 
Article 2  
The terms used in these Regulations are defined as follows:  
1. electronic trademark application: the transmission of trademark 
application documents using the hardware and software information 
equipment designate d by the Registrar Office.  
2. user: the applicant or the agent thereof who files an electronic 
trademark application.  
3. electronic trademark application documents: the application 
form that the user fills out and submits in accordance with the form for 
electronic trademark application prescribed by the Registrar Office and 
other electronic files attached.  2 
 4. electronic transmission: the transmission with which the user 
submits the electronic trademark application documents to the 
information system provide d by the Registrar Office through the 
Internet.  
5. information system: a system that generates, sends, receives, 
stores, or otherwise processes information or data in electronic form.  
6. electronic certificate: a valid electronic attestation issued by a 
certification service provider qualified pursuant to the Electronic 
Signatures Act.  
7. digital signature: the digital signature as prescribed under the 
Electronic Signatures Act.  
8. electronic autograph: an image in electronic form, which is made 
of a signat ure or seal of the applicant or the agent thereof.  
9. electronic official documents: Various official documents made by 
the Registrar Office by electronic means during trademark application 
and other procedures   thereof.  
10. recipient of service of docume nts: the person filing a trademark 
application or other procedures by hard copy or electronic means who 
agrees on electronic service of official documents by the Registrar Office.  
11. electronic service: Electronic official documents transmitted to 
the ele ctronic official document downloading platform by the Registrar 
Office and downloaded by the recipient of service of documents.  
12. electronic official document downloading platform: the 
information system provided by the Registrar Office for the recipient  of 
service of documents to download electronic official documents.  
 
Article 3  3 
 The effect of the electronic trademark application documents 
submitted in accordance with these Regulations is identical to the effect 
of the written application documents.  
 
Article 4  
These Regulations are applicable to the applications and other 
proceedings of trademark, certification mark, collective membership 
mark and collective trademark.  
The Registrar Office shall publish the types and forms of the 
qualified trademark appli cations which may be electronically filed as 
prescribed in the preceding paragraph within three months before the 
start of acceptance of applications.  
 
Article 5  
Prior to filing an electronic trademark application, a user shall 
complete the following proce dures:  
1. obtain the electronic certificate issued by the certification service 
provider designated by the Registrar Office, or the electronic autograph 
that conforms to the requirement prescribed by the Registrar Office; and  
2. confirm and agree to the te rms of electronic application, and 
register the related information on the website designated by the 
Registrar Office.  
 
Article 5 -1 
    Where there are more than two agents stated in an electronic 
trademark application document, one of them  is allowed to m ake a 
transmission by the electronic certificate thereof as a representative. 4 
 Unless an objection is filed, the others who do not make a transmission 
are presumed to have been appointed.  
 
Article 6  
The electronic trademark application documents submitted v ia 
electronic transmission shall meet the following requirements:  
1. the file format, sizes in bytes, format of electronic packet, means 
of transmission and the electronic filing software used shall all meet the 
requirements provided by the Registrar Offic e; and  
2. a valid digital signature or electronic autograph must be provided.  
 
Article 7  
Upon receiving the electronic trademark application documents 
that meet the requirements set forth in the preceding Article and are in 
absence of the circumstances pre scribed under Paragraph 1 or 2 of 
Article 9, the Registrar Office shall notify the user of the receipt; such 
notification shall contain the following:  
1. the mark of the Registrar Office;  
2. the time of receipt of the complete electronic trademark 
applicat ion documents;  
3. the accession number or application number of the electronic 
trademark application Documents referred to in the preceding 
subparagraph; and  
4. a brief summary of the electronic trademark application 
documents received.  
 
Article 8  5 
 If thee submitted electronic trademark application documents do 
not meet the requirements prescribed in Article 6, the electronic 
transmission thereof shall be deemed not to have been made.  
In case the circumstance of the preceding paragraph occurs, the 
Registrar Office shall notify the user.  
 
Article 9 
If parts or the entire electronic trademark application documents 
are unidentifiable or incomplete, the electronic transmission of the 
whole electronic trademark application documents shall be deemed not 
to have bee n made.  
If the electronic trademark application documents carry viruses or 
malicious codes, they shall be deemed as unidentifiable.  
In case the circumstance of the preceding paragraph occurs, the 
Registrar Office shall keep the electronic trademark applica tion 
documents in quarantine; procedures such as virus removal will not be 
adopted.  
Regarding the electronic trademark application documents 
prescribed in the preceding paragraph, the Registrar Office may, after the 
elapse of certain time period, destroy t he documents or proceed with 
other measures that guarantee system safety.  
In case the circumstances prescribed under Paragraph 2 and 3 occur, 
the Registrar Office shall notify the user.  
 
Article 10 
Where the Registrar Office is to notify the user in accord ance with 
Article 7 to the preceding article, the notification shall be made via 6 
 e-mail or other ways provided by the Registrar Office; notification by a 
hard copy will not be served.  
In case the first delivery in the methods prescribed in the preceding 
paragraph fails, the Registrar Office shall make the delivery once more in 
the methods prescribed in the preceding paragraph.  
The user shall ensure the e -mail provided is functioning properly, 
and shall duly check for any notification from the Registrar Offi ce after 
the electronic transmission has been made.  
 
Article 11 
The documents of proof to be submitted in an electronic trademark 
application may be replaced with the electronic version thereof 
prescribed by the Registrar Office, except for the original, t he certified 
copy, or evidence submitted pursuant to the Act or the Enforcement 
Rules of the Act.  
For the documents of proof submitted in electronic form pursuant 
to Paragraph 1, preliminary showing shall be made that the electronic 
files are identical to the original or the certified copy.  
Whenever it deems necessary, the Registrar Office may require the 
user to submit the original or the certified copy of the electronic files 
prescribed under Paragraph 1 for verification.  
 
Article 12 
Where an application for registration of trademark, certification 
mark, collective membership mark or collective trademark is transmitted 
by electronic means, the reproduction and specimen of such trademark 
or mark shall conform to the format prescribed by the Registrar Office . 7 
  
Article 13 
If the information system of the Registrar Office breaks down, a 
notification shall immediately be made on the website or in any other 
manner.  
 
Article 14 
The time when the electronic transmission from a user is received 
at the information sy stem of the Registrar Office shall be the time when 
such transmission is made to the Registrar Office.  
 
Article 15 
The Registrar Office shall store the original version of the received 
electronic trademark application documents for verification.  
Regarding the received electronic trademark application documents, 
the Registrar Office shall store and manage the original version and the 
copy thereof to ensure the genuineness, completeness and 
confidentiality.  
 
Article 15-1 
The official documents to be sent by t he Registrar Office to the 
trademark applicant or the agent thereof may be replaced by electronic 
official documents stored on the electronic official document 
downloading platform. The effect of electronic official documents is 
identical to that of hard -copy official documents.  
Electronic service of trademark documents shall be made by the 
Registrar Office upon the consent of the trademark applicant or the 8 
 agent thereof.  
The Registrar Office shall enact the Letter of Consent in electronic 
form and provide it for signature by the trademark applicant or the agent 
thereof.  
 
Article 15-2 
The Registrar Office may notify by e -mail the recipient of service of 
documents to download such electronic official documents on the 
downloading platform.  
In the same applicat ion, if there are more than two agents at the 
location where the service is to be effected and one of whom agrees on 
electronic service, the Registrar Office will not send hard -copy official 
documents additionally.  
In the same application, if there are mor e than two recipients of 
service of documents at the location where the service is to be effected, 
any one of whom has the right to download such electronic documents. 
However, the others are not allowed to download after one of whom has 
completed download ing. 
The time of the electronic service shall be the time when the 
recipient of service of documents downloads such official documents at 
the information system of the Registrar Office. The statutory period shall 
be calculated from the day following the da te on which such electronic 
documents are downloaded.  
If the recipient of service of documents fails to download such 
electronic documents within five days after the electronic documents 
have been transmitted to the platform by the Registrar Office, the 
Registrar Office shall take down such electronic documents and send 9 
 hard -copy official documents to the recipient.  
 
Article 16 
These Regulations shall enter into force as of the date of 
promulgation.  
The Ju ne 29, 2012 amendment of these Regulations shall en ter into 
force from July 1, 2012.  
The December 6, 2013 amendment of these Regulations shall enter 
into force from December 1, 2013.