1 
 Enforcement Rules of the Trademark Act  
 
 Promulgated on Dec.  12, 1930  
 Amended and Promulgated on Sep. 3, 193 2  
 Amended and Promulgated on Jan. 8, 1947  
 Amended  and Promulgated on Mar. 18, 1960  
 Amended and Promulgated on J une 13, 1973  
 Amended and Promulga ted on May  6, 1982  
 Amended  and Promulgated on Oct. 19, 1987  
 Amended and Promulgated on Oct. 23, 1991  
 Amended and Promulgated on July 15, 1994  
 Amended and Promulgated on Sep. 15, 1999  
 Amended and Promulgated on Apr. 10, 2002   
 Amended and Promulgated on  Dec. 10, 2003   
 Article 34 and the Schedule of Article 13 Amended and Promulgated 
on Sep. 3, 2007   
 Schedule of Article 13 Amended and Promulgated on May  4, 2010  
 Amended and Promulgated on June  29, 2012   
 Amended and Promulgated on July 1 3, 2015  
 Schedule of  Article  19 Amended and Promulgated on April  18, 201 6 
by the Ministry of Economic Affairs  
 Schedule of  Article  19 Amended and Promulgated on March  16, 
2017 by the Ministry of Economic Affairs  
 Article  19 Amended and Promulgated on June 7 , 201 8 by the 
Ministr y of Economic Affairs  
 2 
 TABLE OF CONTENTS  
 
Chapter I  General Provisions  
Rule 1   The law conferring the authority to establish these Rules  
Rule 2   Form of application  
Rule 3   Use of languages  
Rule 4   Documents of proof  
Rule 5   Representation  
Rule 6   Special provisions for representation  
Rule 7   The meaning of “not amended within the period specified 
in a notice”  
Rule 8   Extension of the specified period  
Rule 9   Restoration to the status quo ante  
Rule 10   Content of the Trademark Register  
Rule 11   Trademark Gazette  
Chapter II  Trademark Application and  Examination  
Rule 12   Content of the application  
Rule 13   Representation of the trademark  
Rule 14   Color trademarks  
Rule  15  Three -dimensional trademarks  
Rule 16   Motion trademarks  
Rule 17   Hologram trademarks  
Rule 18   Sound trademarks  
Rule  19  List of goods and services  
Rule 20   Calculation of the six -month priority period  
Rule 21   Documents of proof of exhibition priority  
Rule 22   Provisio ns applied mutatis mutandis  to calculation of the 3 
 six-month exhibition priority  
Rule 23   Filing on the same date  
Rule 24   The amendments not substantially change the 
trademark  
Rule 25   Change to the application  
Rule 26   Correction of the application  
Rule 27   Division of the application  
Rule 28   Transfer of the application  
Rule 29   Proof of acquired distinctiveness  
Rule 30   A letter of consent is obviously improper  
Rule 31   The meaning of “well -known”  
Rule 32   The meaning of “the name of a juridical person, business 
or any group”  
Rule 33   The effect of giving a letter of consent on the persons 
who do so  
Rule 3 4  Time limits for submitting opinion on intended refusal  
Chapter III  Trademark Rights  
Rule 35   Renewal of the registration  
Rule 36   Division of registrat ion 
Rule 37   Provisions applied mutatis mutandis  to change and 
correction of the registration  
Rule 38   Recordal of the license  
Rule 39   Recordal of the tr ansfer  
Rule 40   Recordal of the pledge  
Rule 41   Request to issue a replacement certificate or re -issue 
one  
Rule 42   Amendments to the facts and grounds in  respect of an 4 
 opposition  
Rule 43   Opposition procedure  
Rule 44   Filing opposition against a registered trademark after the 
division of registration thereof has been accepted and 
published  
Rule 45   Before rendering the disposition of opposition, the 
division of the opposed trademark registration has been 
accepted  
Rule 46   Provisions applied mutatis mutandis  to invalidation and 
revocation  
Chapter IV  Certification Mark, Collective Membership Mark and 
Collective Trademark  
Rule 47   Testing and verification do not need to be carried out by 
the proprietor of the c ertification mark  
Rule 48   Provisions applied mutatis mutandis to certification mark, 
collective membership mark and collective trademark  
Chapter V  Supplementary Provisions  
Rule 49   Retrieval of the evidence and articles  
Rule 50   Entry into force  
 
 5 
 Chapter I  General Provisions  
 
Rule  1  The law conferring the authority to establish these Rules  
These Rules are formulated p ursuant to Article 110 of the 
Trademark Act (hereinafter referred to as “the Act”).  
 
Rule  2  Form of application  
Any application or request filed under the provisions  of the Act or 
these Rules shall, except those transmitte d 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 R egistrar Office may give the applicant 
a notice to furnish  his/her identification document s, 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.  
 
Rule  3  Use of languages  
The applications and documents submitted in relation to trademark 
matters shall be in Chinese. When the document s of proof  are in foreign 
languages, the Registrar Offic e may giv e a notice  to furnish  a full or 
excerpted Chinese translation thereof if it deems necessary.  
 
Rule  4  Documents of proof  
Any document of proof submitt ed pursuant to  the Act or these 6 
 Rules shall be original.  However , copies of the original may be u sed 
instead  under the following : 
(1) the original has been submitt ed 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 
statemen t 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 checke d. 
 
Rule  5  Representation  
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, cha nges, 
oppositions, invalidation s, 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 ser vice shall be reported to 
the Registrar Office by giving a written notice thereof.  
 
Rule 6   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 7 
 carried out if the powers to that effect have been delegated . 
 
Rule  7  The meaning of “not amended within t he 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.  
 
Rule 8   Extension of the specified period  
The specified period during which an action should be done 
pursuant to  the Act or the se Rules  other than Rule 34  may be extended if 
such extension is requ ested 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.  
 
Rule  9  Restoration to the status quo ante  
While request ing for restoratio n 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 clarify ing the cause  of 
failure to comply within the statutory period and the date on which such  
cause vanishes ; documents of proof  shall be included . 
 
Rule  10  Content of the Trademark Register  
The Trademark Register shall contain the following entries:  
(1) the registration number and the date of publication of 8 
 registration ; 
(2) the application number a nd 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 t he description of the 
trademark ; 
(7) the li st of designated goods or se rvices 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 o f 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 correction s of the trad emark 
registration ; 
(11) where the trademark right is renewed, the expiry date of the 
renew al 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 se rvices 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 9 
 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 rest ricted and the classes thereof;  
(14) the name and domicile or business establishment  of the  
transferee  of the trademark ri ght, 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 s hall also apply to 
sub-license;  
(16) the name of the pledgee and the amo unt of t he 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 
thereo f; 
(20) the abandonment or ext inguishment of trademark right;  
(21) particulars of compulsory execution, administrative executi on 
or insolvency proceedings noticed by courts or adm inistrative execution 
agencies;  
(22) any other particulars relevant to trademark rights and all  other 
particulars prescribed by acts or regulations.  
 10 
 Rule  11  Trademark Gazette  
The entries made in the Tr ademark Register shall be published in 
the Trademark Gazette.  
 
Chapter II  Trademark Application and Examination  
 
Rule  12  Content of the application  
An application for trademark registration shall be made by filing a 
written application containing a statem ent 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 establishm ent, 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, specific ation 
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 11 
 the Ac t, 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 . 
 
Rule  13  Representation of the trademark  
The reproduction  of the trademark shall conform to the format 
published by the Registrar Office. The Registrar Office may requ ire 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 pa ragraph 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 cont ains the stored 
representation of the trademark.  
 
Rule  14  Color trademarks  
Where the application contains a statement to the effect that the 
trademark is a color trade mark, the reproduction of the trade mark 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.  12 
 The applicant shall furnish a description indicating the color or 
colors and the manner in wh ich it is or they are u sed on the designated 
goods or services.  
 
Rule  15  Three -dimensional trademarks  
Where the application contains a statement to the effect that the 
mark is a three -dimensional trade mark, the reproduction of the 
trademark shall consist of no t 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.  
 
Rule  16  Motion tradema rks 
Where the application contains a statement to the effect that the 
trademark is a motion trade mark, 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 conform ing to the 
format published by the Registrar Office.  
 13 
 Rule  17  Hologram trademarks  
Where the application contains a statement to the effect that the 
tradema rk is a hologram trade mark, the reproduction of the trademark 
shall consist of no t 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 c hange according to the angle at which the hologram  
is viewed, the description shall contain the explanation of the changes of 
the images.  
 
Rule  18  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 
explana tion 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.  
 
Rule  19  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 Goo ds and Services, and shall specifically list the names 14 
 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.  
 
Rule 20   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 R epublic of China (ROC)  or with a member of the 
WTO  to the f iling date as prescribed in Paragraph 2 of Article 19  of the 
Act. 
 
Rule 21   Documents of proof of exhibition priority  
Where an application is filed with a claim f or exhibition priority  
pursuant to Article 21 of the Act , the applicant shall submit a certifi cate 
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 it s venue , the name of the host 15 
 of such exhibition, and the date of the firs t 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  prov ing the 
content of the display.  
 
Rule 22   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 mutat is mutandis  to 
the period of six months from the day following  the date of the first 
display of goods or services  of such application . 
 
Rule  23  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 . 
 
Rule  24  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 16 
 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 le tter 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 . 
 
Rule  25  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 prove n by documents.  
A request referred to in the preceding paragraph shall be filed for a 
single application for  registration . A single reques t shall be sufficient 
even where the change relates to more than one application , provided 
that the particulars changed are the same for each application . 
 17 
 Rule  26  Correction of the application  
Where a correction of errors in the particulars of an applica tion 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.  
 
Rule  27  Division of the application  
A request  for division of  an application for regi stration 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 division al application.  
The designated goods or services to be included i n 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.  
 
Rule  28  Transfer of the application  
A change to the name of applica nt 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 18 
 even where the change relates to more than one application, provided 
that the applicant and the transferee are the same fo r each application . 
 
Rule  29  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 Articl e 29 of the 
Act, shall furnish proof thereof.  
 
Rule  30  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 . 
 
Rule  31  The meaning of “well -known”  
The term “well-known ” as prescribed in the Act refers to the 
circumsta nce where there is objective proof of a sign capable of being 
commonly recognized by the relevant enterprises or consumers . 
 
Rule  32  The meaning of “the name of a juridical person, business 19 
 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.  
 
Rule  33  The effect of giving a letter of consent on the persons who 
do so  
Where the consent to the application for trademark regis tration 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 applic ation for registration of such later filed trademark.  
 
Rule  34  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 Artic le 
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 20 
 for one month, or, when those conditions ar e 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 remed ied, the reason 
for further exte nsion and the proof thereof, grant further extension of 
such period. A groundless request for further extension shall be 
inadmissible . 
 
Chapter III Trademark Rights  
 
Rule  35  Renewal of the registration  
A request for renewal of the trademark right for all or some of the 
designated goods or services for which it is registered  shall be made  by 
the applicant  by filing a written request . 
A request for renewal of the trademark right  as prescribed in the 
preceding paragraph may also be made by a person who has in terests on 
the existence  of the trademark right by filing a written request  clarifying 
the reason . 
 
Rule  36  Division of registration  
Paragraph s 1 and 2 of Rule  27 shall apply mutat is mutandis  to a 
request of division of a registration.  A copy of the writt en request shall 
also be furnished for each divisional application along with related 
documents of the original application.  
Where the division of a registration is accepted, a trademark 
certificate shall be issued  for each divisional registration by the R egistrar 
Office.  21 
  
Rule  37  Provisions applied mutatis mutandis  to change and 
correction of the registration  
Rules 25 and 26 shall apply mutat is mutandis  to a request of any 
change or correction of the particulars of a trademark registration . 
 
Rule  38  Reco rdal of the license  
A request to record  a trademark license in the Register shall be 
made by the proprietor of the registered trademark  or the licensee by 
filing a written request  specif ying the following:  
(1) the name , address  of domicile or business esta blishment , and  
nationality or locality of the proprietor of such registered trademark  and 
the licensee,  and, if any, the name of representative ; 
(2) if any, the name  and address  of domicile or business 
establishment  of agent;  
(3) the registration number of  such registered trademark;  
(4) where the licen se is exclusive or non -exclusive , that fact ; 
(5) the date when the license took effect and, if any, will be 
terminated;  
(6) where the license is for some of the designated goods or 
services for which such trad emark  is registered , the list of such goods or 
services and the classes thereof;  
(7) where the license is for a particular locality , the name of that 
locality.  
Where the recordal of license in the Register referred to in the 
preceding paragraph is requeste d by the licensee, the licensing contract 
or any other document to prove such license shall be submitted; where 22 
 the recordal  of license in the Register is requested by the proprietor of 
such trademark, the Registrar Office may, for checking the content of 
license, give such proprietor a notice to submit the aforementioned 
document to prove such license.  
A request referred to in the preceding paragraph shall be filed for a 
single registration.  A single request shall be  sufficient even where the 
license relat es to more than one registration, provided that the  
proprietor  and the licensee are the same for all registrations, all of the 
designated goods or services are licensed to be used in the same locality 
for all registrations, and the expiry dates of the lice nse with respect to  all 
registrations are the same or no expiry date of the license has been 
arranged by both parties for all registrations . 
The th ree preceding paragraphs shall apply mutatis mutandis  to a 
request to record  a trademark sub -license in the R egister . Unless 
otherwise prescribed in Paragraph 1 of Article 40 of the Act, such request 
shall be made with the submission of documents proving that the person 
who requested is entitled to sub -license.  
The designated goods or services and locality  in res pect of a 
recordal  of a trademark sub -license in the Register  shall not go beyond  
the scope of the original license.  
 
Rule  39  Recordal of the transfer  
A request to record  a transfer of trademark right in the Register 
shall be made by filing a written requ est, as well as furnishing the 
contract or any other document of proof of such transfer.  
A request referred to in the preceding paragraph shall be filed for a 
single registration. A single request shall be sufficient even where the 23 
 transfer  relates to more  than one registration, provided that the 
proprietor  and the transferee are the same for each registration . 
 
Rule 40   Recordal of the pledge  
A request to record an establishment, change, or extinguishment of 
a pledge of trademark right in the Register shal l be made by the 
proprietor of such registered trademark or the pledgee by filing a written 
request, and, according to the matter of a pledge to be recorded, 
furnishing the following:  
(1) for the recordal of an establishment of a pledge in the Register, 
the contract or any other document of proof of such establishment of a 
pledge;  
(2) for the recordal of a change of a pledge in the Register, 
documents of proof of such change of a pledge;  
(3) for the recordal of the extinguishment of a pledge in the Register , 
documents to prove that the performance of such obligation has been 
made, documents to prove that the pledgee consented to cancel the 
recordal of the establishment of a pledge, a judgment of the court and a 
certificate to the effect that such judgment ha s become final or 
documents of proof which have the same effect as a final judgment of 
the court.  
Where a request to record an establishment of a pledge in the 
Register is made, the amount of the claim secured by the pledge shall be 
specified in the writte n request.  
 
Rule  41  Request to issue a replacement certificate or re -issue one  
A request to issue a replacement registration certificate or re -issue 24 
 a registration certificate of a registration  may be made by the proprietor 
of such registration by filing a written request clarifying the reason in any 
of the following:  
(1) particulars entered in the registration certificate  being changed;  
(2) the registration certificate  being outmoded or damaged;  
(3) the registration certificate  being destroyed  or lost.  
Where a replacement registration certificate is issued or a 
registration certificate is re -issued pursuant to the preceding paragraph, 
the original registration certificate shall be published for nullification in 
the Trademark Gazette.  
 
Rule  42  Amendments t o the facts and grounds in respect of an 
opposition  
Where  the facts and grounds in respect of an opposition are not 
precise  or self-contained , the Registrar Office may give the oppo nent  a 
notice to amend  within the prescribed period . 
The oppo nent  may chang e or add the facts and grounds on which 
the opposition is based within three months from the day following  the 
date of publication of the opposed trademark registration.  
 
Rule  43  Opposition procedure  
Where the proprietor of an opposed trademark submit a statement 
of defense to the opposition  or the oppo nent submit his/her opinion on 
the statement of the proprietor  pursuant to Paragraph 2 of Article 49 of 
the Act, a ny attachments to such  statement of defense or opinion shall 
also be enclosed with the copy  of such  statement of defense or opinion.  
 25 
 Rule  44  Filing opposition against a registered trademark after the 
division of registration thereof has been accepted and 
published  
Where an opposition is filed against a registered  trademark after a 
division of such trademark registration  has been accepted and published, 
the Registrar Office shall give the oppo nent  a notice to designate the 
trademark s to be opposed , submit related documents and calculate the 
required fee for each trademark to be opposed  within the prescribed 
period . The opponent shall, if underpayment was made, make up the 
balance or may, if overpayment was made, request for a refund with the 
receipt of the payment.  
 
Rule  45  Before rendering the disposition of opposition, the division 
of the oppose d trademark registration has been accepted  
Where a division of trademark  registration was accepted  before the 
disposition of opposition  to such registration  is rendered , the Registrar 
Office shall give the opponent a notice to make a statement that he/she 
requests to proceed with the opposition to all or some of the divisional 
registrations within the prescribed period. If the opponent failed to make 
such statement within the prescribed period, the Registrar Office shall 
proceed with the opposition to all o f the divisional registrations.  
 
Rule  46  Provisions applied mutatis mutandis  to invalidation and 
revocation  
Paragraph 1 of Rule 42 and Rule 43 to the preceding rule shall apply 
mutatis mutandis  to invalidation and revocation.  
 26 
 Chapter IV Certification Mar k, Collective Membership Mark and 
Collective Trademark  
 
Rule  47  Testing and verification do not need to be carried out by 
the proprietor of the certification mark  
In order to certify another person’s goods or services, the proprietor 
of the certification mark may have a juridical person or a group which is 
qualified to test carr y out the testing or verification under its supervision 
and control.  
 
Rule  48  Provisions applied mutatis mutandis to certification mark, 
collective membership mark and collective t rademark  
The provisions  relating to trademarks in these Rules shall apply 
mutatis mutandis  to certification marks, collective membership marks 
and collective trademarks.  
 
Chapter V Supplementary  Provisions  
 
Rule  49  Retrieval of the evidence and articles  
A person who would like to retrieve the evidence or articles in 
relation to a n application for trademark registration or a request for 
trademark related matters  shall do so within one month  from the day 
following the date when the disposition of such applic ation or request 
has become final.  
After the Registrar Office gave such person a notice to retrieve the 
evidence or articles referred to in the preceding paragraph within the 
prescribed period, such evidence or articles may be disposed directly by 27 
 the Regi strar Office if such person failed to do so within the prescribed 
period.  
 
Rule  50  Entry into force  
These Rules shall come into effect f rom the date of promulgation.  
 28 
  
 
Schedule of Article 19 of the Enforcement Rules of the Trademark Act  
List of Classes  of Goods and Services  
Goods  
Classes                 Terms  
Class  1  Chemicals used in industry, science and photography, as 
well as in agriculture, horticulture and forestry;  
unprocessed artificial resins, unprocessed plastics;  
manures;  fire extinguis hing compositions;  tempering 
and soldering preparations;  chemical substances for 
preserving foodstuffs;  tanning substances;  adhesives 
used in industry.  
Class  2  Paints, varnishes, lacquers;  preservatives against rust and 
against deterioration of wood ;  colorants;  mordants;  
raw natural resins;  metals in foil and powder form for use 
in painting, decorating, printing and art.  
Class  3  Bleaching preparations and other substances for laundry 
use; cleaning, polishing, scouring and abrasive 
preparations;  non-medicated soaps; perfumery, essential 
oils, non -medicated cosmetics, non -medicated hair lotions;  
non-medicated dentifrices.  
Class  4  Industrial oils and greases; lubricants; dust absorbing, 
wetting and binding compositions; fuels (including motor 
spirit) and illuminants; candles and wicks for lighting.  
Class  5  Pharmaceuticals, medical and veterinary preparations;  
sanitary preparations for medical purposes;  dietetic food 
and substances adapted for medical or veterinary use, food 29 
 for babies;  dieta ry supplements for humans and animals;  
plasters, materials for dressings;  material for stopping 
teeth, dental wax;  disinfectants;  preparations for 
destroying vermin;  fungicides, herbicides.  
Class  6  Common metals and their alloys, ores; metal materia ls for 
building and construction; transportable buildings of metal;  
non-electric cables and wires of common metal;  small 
items of metal hardware;  metal containers for storage or 
transport;  safes.  
Class  7  Machines and machine tools; motors and engines  (except 
for land vehicles); machine coupling and transmission 
components (except for land vehicles); agricultural 
implements other than hand -operated; incubators for eggs; 
automatic vending machines.  
Class  8  Hand tools and implements (hand -operated); cu tlery; side 
arms; razors.  
Class  9  Scientific, nautical, surveying, photographic, 
cinematographic, optical, weighing, measuring, signaling, 
checking (supervision), life -saving and teaching apparatus 
and instruments;  apparatus and instruments for 
conducti ng, switching, transforming, accumulating, 
regulating or controlling electricity;  apparatus for 
recording, transmission or reproduction of sound or 
images;  magnetic data carriers, recording discs;  
compact discs, DVDs and other digital recording media;  
mechanisms for coin -operated apparatus;  cash registers, 
calculating machines, data processing equipment, 
computers;  computer software;  fire -extinguishing 30 
 apparatus.  
Class 10  Surgical, medical, dental and veterinary apparatus and 
instruments; artificial  limbs, eyes and teeth; orthopaedic 
articles; suture materials; therapeutic and assistive devices 
adapted for the disabled; massage apparatus; apparatus, 
devices and articles for nursing infants; sexual activity 
apparatus, devices and articles.  
Class 11  Apparatus for lighting, heating, steam generating, cooking, 
refrigerating, drying, ventilating, water supply and sanitary 
purposes.  
Class 12  Vehicles;  apparatus for locomotion by land, air or water  
Class 13  Firearms; ammunition and projectiles; explosive s; 
fireworks.  
Class 14  Precious metals and their alloys; jewellery, precious and 
semi -precious stones; horological and chronometric 
instruments.  
Class 15  Musical instruments.  
Class 16  Paper and cardboard;  printed matter;  bookbinding 
material;  photogr aphs;  stationery and office requisites, 
except furniture;  adhesives for stationery or household 
purposes;  artists’ and drawing materials;  paintbrushes;  
instructional and teaching materials;  plastic sheets, films 
and bags for wrapping and packaging;  printers’ type, 
printing blocks.  
Class 17  Unprocessed and semi -processed rubber, gutta -percha, 
gum, asbestos, mica and substitutes for all these materials;  
plastics and resins in extruded form for use in manufacture;  
packing, stopping and insulating mat erials;  flexible pipes, 31 
 tubes and hoses, not of metal.  
Class 18  Leather and imitations of leather; animal skins and hides; 
luggage and carrying bags; umbrellas and parasols; 
walking sticks;  whips, harness and saddlery;  collars, 
leashes and clothing for  animals.  
Class 19  Building materials (non -metallic); non -metallic rigid pipes 
for building; asphalt, pitch and bitumen; non -metallic 
transportable buildings; monuments, not of metal.  
Class 20  Furniture, mirrors, picture frames; containers, not of metal,  
for storage or transport; unworked or semi -worked bone, 
horn, whalebone or mother -of-pearl; shells; meerschaum; 
yellow amber.  
Class 21  Household or kitchen utensils and containers; combs and 
sponges; brushes, except paintbrushes; brush -making 
materials; articles for cleaning purposes; unworked or 
semi -worked glass, except building glass; glassware, 
porcelain and earthenware.  
Class 22  Ropes and string;  nets;  tents and tarpaulins;  awnings 
of textile or synthetic materials;  sails;  sacks for the 
transpo rt and storage of materials in bulk;  padding, 
cushioning and stuffing materials, except of paper, 
cardboard, rubber or plastics;  raw fibrous textile 
materials and substitutes therefor.  
Class 23  Yarns and threads, for textile use.  
Class 24  Textiles and substitutes for textiles; household linen; 
curtains of textile or plastic.  
Class 25  Clothing, footwear, headgear.  
Class 26  Lace and embroidery, ribbons and braid; buttons, hooks 32 
 and eyes, pins and needles; artificial flowers; hair 
decorations; false hair . 
Class 27  Carpets, rugs, mats and matting, linoleum and other 
materials for covering existing floors; wall hangings 
(non-textile).  
Class 28  Games, toys and playthings; video game apparatus; 
gymnastic and sporting articles; decorations for Christmas 
trees. 
Class 29  Meat, fish, poultry and game; meat extracts; preserved, 
frozen, dried and cooked fruits and vegetables; jellies, 
jams, compotes; eggs; milk and milk products; edible oils 
and fats.  
Class 30  Coffee, tea, cocoa and artificial coffee;  rice;  ta pioca 
and sago;  flour and preparations made from cereals;  
bread, pastries and confectionery;  edible ices;  sugar, 
honey, treacle;  yeast, baking -powder;  salt;  mustard;  
vinegar, sauces (condiments);  spices;  ice.  
Class 31  Raw and unprocessed agricul tural, aquacultural, 
horticultural and forestry products; raw and unprocessed 
grains and seeds; fresh fruits and vegetables, fresh herbs; 
natural plants and flowers; bulbs, seedlings and seeds for 
planting; live animals; foodstuffs and beverages for 
animal s; malt.  
Class 32  Beers; mineral and aerated waters and other non -alcoholic 
beverages; fruit beverages and fruit juices; syrups and other 
preparations for making beverages.  
Class 33  Alcoholic beverages (except beers).  
Class 34  Tobacco; smokers’ articles ; matches.  33 
 Services  
Classes                Terms  
Class 35  Advertising; business management; business 
administration; office functions.  
Class 36  Insurance; financial affairs; monetary affairs; real estate 
affairs.  
Class 37  Building construction; repair;  installation services.  
Class 38  Telecommunications.  
Class 39  Transport; packaging and storage of goods; travel 
arrangement.  
Class 40  Treatment of materials.  
Class 41  Education; providing of training; entertainment; sporting 
and cultural activities.  
Class 42  Scientific and technological services and research and 
design relating thereto; industrial analysis and research 
services; design and development of computer hardware 
and software.  
Class 43  Services for providing food and drink; temporary 
accommod ation.  
Class 44  Medical services; veterinary services; hygienic and beauty 
care for human beings or animals; agriculture, horticulture 
and forestry services.  
Class 45  Legal services; security services for the physical protection 
of tangible property and individuals; personal and social 
services rendered by others to meet the needs of 
individuals.  
 34