1 
 Trademark Act  
 
 Enacted and Promulgated on May 6, 1930 by the Government  
 Enforced on Jan. 1, 1931  
 Amended and Promulgated on Nov. 23, 1935 by the Government  
 Promulgated on Oct. 19, 1940 by the Government  
 Amended and Promulgated on Oct. 24, 1958 by the Presidential 
Order  
 Amended and Promulgated on July 4, 1972 by Presidential Order  
 Amended and Promulgated on Jan. 26, 1983 by Presidential Order  
 Amended and Promulgated on Nov. 29, 1985 by Presidential Order  
 Amended and Promulgated on May 26, 1989 b y Presidential Order  
 Amended and Promulgated on Dec. 22, 1993 by Presidential Order  
 Article 4, 5, 23, 25, 34, 37, 61 and 79 Amended and Promulgated on 
May 7, 1997 by Presidential Order, and Enforced on Nov . 1, 1998  
 Article 77 -1 and 79 Amended and Promul gated on May 29, 2002 by 
Presidential Order  
 Amended and Promulgated on May 28, 2 003 by Presidential Order, 
and Enforced on Nov . 28, 2003  
 Article 4 and 94 Amended and Promulgated on August 25, 2 010 by 
Presidential Order, and Enforced on September 12, 2010  
 Passed on May 31, 2011 by the Legislative Yuan, and Amended and 
Promulgated on June 29, 2011 by President ial Order , and Enforced 
on July 1, 2012  
 Article 9 8 Amended and Promulgated on Nov. 30, 201 6 by 
President ial Order , and Enforced on Dec . 15, 2016  
 2 
 TABL E OF CONTENTS  
 
Chapter I  General Provisions  
Article 1   Purpose of this Act  
Article 2   Registration for protection  
Article 3   Competent Authority and Registrar Office  
Article 4   Admission of foreign application  
Article 5   Use of trademark  
Article 6   Appointment of trademark agent  
Article 7   Application for registration of jointly owned trademark  
Article 8   Inadmissibility of application; restoration to status quo 
ante  
Article 9   Date to be based on  
Article 10  Service by publication  
Article 11  Trademark Gazette  
Article 12  Trademark Register  
Article 13  E-filing  
Article 14  Assignment of examiner  
Article 15  Disposition in writing  
Article 16  Calculation of period  
Article 17  Provisions applied mutatis mutandis  
Chapter II  Trademark  
Section I  Application for Registration  
Article 18  Signs of which trademark may consist; distinctiveness  
Article 19  Application for trademark registration; date of filing  
Article 20  Right of priority; same treatment for certain categories 
of persons as for nationals of ROC  3 
 Article 21  Right of exhibition priority  
Article 22  Filing on same date  
Article 23  Prohibition and exception of amendment to  trademark 
reproduction and designated goods or services  
Article 24  Change to application  
Article 25  Correction of application  
Article 26  Division of appl ication  
Article 27  Transfer of application  
Article 28  Limitation and exception of disposition of right derived 
from application for registration of jointly owned 
trademark  
Section II Examination and Acceptance  
Article 29  Grounds for refusal of registration: devoid of 
distinctiveness; disclaimer  
Article 30  Other grounds for refusal of regist ration  
Article 31  Disposition of refusal; time limit on request of 
restriction of goods or services, amendment to 
reproduction without substantial change, division and 
disclaimer  
Article 3 2 Disposition of acceptance; payment of registration fee; 
relief measure of failure to pay  
Section III Trademark Rights  
Article 33  Right conferred by registered trademark and duration of 
registration  
Article 34  Renewal of registration  
Article 35  Right in registered trademark  
Article 36  Limits on effect of registered trademark  4 
 Article 37  Division of registration  
Article 38  Change and correction of registration; time limit on 
division and restriction  
Article 39  Recordal  of license in the Regis ter 
Article 40  Recordal  of sub -license in the Register  
Article 41  Removal of license from the Register  
Article 42  Recordal  of transfer in the Register  
Article 43  Addition to appropriate and distinguishing indication  
Article 44  Recordal  of pledge in the Register  
Article 45  Abandonment of registration  
Article 46  Disposition of right of jointly owned trademark  
Article 47  Extinguishment of registration  
Section IV  Opposition  
Article 48  Grounds for opposition and time limit on filing  
Article 49  Opposition procedure  
Article 50  Provisions govern in opposition  
Article 51  Avoidance of examiner in opposition  
Article 52  Invariance of concerned party in opposition  
Article 53  Withdraw of opposition  
Article 54  Effect of sustained opposition  
Article 55  Cancellation of some goods or services  
Article 56  Ne bis in idem  
Section V  Invalidation  
Article 57  Grounds fo r invalidation; proof of use of earlier 
trademark  
Article 58  Time limit on filing invalidation and exception  
Article 59  Invalidation procedure  5 
 Article 60  Effect of sustained invalidation  
Article 61  Ne bis in idem  
Article 62  Provisions applied mutatis mutandis  to invalidation  
Section VI  Revocation  
Article 63  Grounds for revocation; revocation of some goods or 
services  
Article 64  Identity of trademark  
Article 65  Revocation procedure  
Article 66  Provisions govern in invalidation  
Article 67  Provisions applied mutatis mutandis  to revocation  
Section VII  Infringement Remedies  
Article  68 Infringement of registered trademark  
Article 69  Exclusion, prevention and damages of infringement; 
time limit to demand damages  
Article 70  Acts deemed infringement  
Article 71  Calculation of damages  
Article 72  Request  for detention  
Article 73  Revocation of detention  
Article 74  Release of security  
Article 75  Suspension of release upon Customs’ own initiative  
Article 76  Provision of information of suspected articles upon 
request  
Article 77  Request to Custom s on taking samples of suspected 
articles  
Article 78  Regulations prescribed by Customs  
Article 79  Formation of specialized tribunal  
Chapter III Certificat ion Mark, Collective Membership Mark and 6 
 Collective Trademark  
Article 80  Definitions of certification mark and geographical 
certification mark  
Article 81  Applicant of certification mark  
Article 82  Requirements of application for registration of 
certification mark  
Article 83  Use of certification mark  
Article 84  Special provisions for geograp hical certification mark  
Article 85  Definition of collective membership mark  
Article 86  Requirements of application for registration of collective 
membership mark  
Article 87  Use of collective membership mark  
Article 88  Definition of collective trademark and geographical 
collective trademark  
Article 89  Requirements of application for registr ation of collective 
trademark  
Article 90  Use of collective trademark  
Article 91  Provisions applied mutatis mutandis  to geographical 
collective trademark  
Article 92  Limitation of transfer, license and pledge  
Article 93  Special provisions for grounds for revocation  
Article 94  Provisions applied mutatis mutandis  to certification 
mark, collecti ve membership mark and collective 
trademark  
Chapter IV  Penal Provisions  
Article 95  Penalty for trademark or collective trademark 
infringement  7 
 Article 96  Penalty for certification mark infringement  
Article 97  Penalty for sale or intent of sale of infringing article  
Article 98  Independent confiscation  
Articl e 99  Right to sue of group other than juridical person  
Chapter V Supplementary Provisions  
Article 100  Transitional provision for service mark  
Article 101  Transitional provision for abolishment of associated 
registration system  
Article 102  Transitional provision for abolishment of defensive 
registration system  
Article 103  Special provision f or three -year period of non -use 
Article 104  Trademark fees  
Article 105  Transitional provision for abolishment of paying 
registration fees by two installments  
Article 106  Transitional provisions for opposition and invalidation  
Article 107  Transitional provisions for revocation  
Article 108  Special provision for date of filing  
Article 109  Special provisions for date of priority  
Article 110  Enforcement Rules  
Article 111  Date of enforcement  
 
 8 
 Chapter I  General Provisions  
 
Article 1   Purpose of  this Act 
This Act is enacted for protection  of the rights of trademark, 
certification mark, collective membership mark, collective trademark and 
the interest s of consumers, maint enance of  fair competition, and 
promotion of development of the industr y and commerce . 
 
Article 2   Registration for protection  
Any person who wishes to obtain the rights of trademark, 
certification mark, collective membership mark, or collective trademark 
shall apply for registration  therefor in accordance with this Act.  
 
Article 3   Competent Authority and Registrar Office  
The Competent Authority of this Act is the Ministry of Economic 
Affairs (hereinafter as the MOEA).  
Trademark  affairs shall be administ ered under  a registrar office  
appointed by the MOEA.  
 
Article 4   Admissi on of foreign application  
An application for trademark registration, filed by a national of a 
country other than the Republic of China  (ROC) , may be  inadmissible  if 
such country does  not accede to any international treaty for protection 
of trademarks, to which th e ROC accedes , or does not conclude with the 
ROC  any treaty or agreement for reciprocal  protection of trademarks, or 
does not a dmit  applications for trademark registration filed by nationals 
of the R OC. 9 
  
Article 5   Use of trademark  
“Use  of a trade mark” mea ns any of the following act , in the course 
of trade , where such  trademark is capable of being recognized by 
relevant consumers  as a trademark :  
(1) to apply a  trademark to goods or packaging or containers 
thereof;   
(2) to possess, display, s ell, export, or  import the goods referred to 
in the preceding subparagraph;   
(3) to apply  a trademark to articles relating to the provision of 
services; or   
(4) to apply a trademark to commercial  documents or 
advertisement s relat ing to goods or services.  
The preceding pa ragraph shall also apply to acts performed by 
digital audio -visual means, through electronic media, on the Internet, or 
through other media.  
 
Article 6   Appointment of trademark agent  
An applicant, holder or other interested person may appoint  a 
trademark  agent to apply for  trademark  registra tion and related affair s. 
Those who have no domicile or business establishment in the territory of 
the R OC shall appoint a trademark agent to apply for  trademark  
registra tion and related affair s.  
A trademark agent shal l have a domicile in the R OC. 
 
Article 7   Application for registration of jointly owned trademark  
When there are two or more persons who wish to jointly own a 10 
 trademark, the application shall be filed in the names of all the joint 
applicant s. The joint app licants may also elect one of them to represent 
all the joint applicants in  the process of application for registration and 
related affairs, and receive relevant documents on their behalf.  
In the absence of electing  a representative referred to in the 
prec eding paragraph, the Registrar Office  shall assign  the first -listed joint 
applicant in the application as the person to be served upon and shall  
give the subsequent joint applicants  a notice of such service matters.  
 
Article 8   Inadmissibility of applicati on; restoration to status quo 
ante  
Unless otherwise pr escrib ed in this Act, an application or other 
proceedings of trademark shall be inadmissible  if an applicant, holder or  
other interested person  thereof  has failed to  comply within the statutory 
period, to conform to legal formality that cannot be  amended,  or to 
conform to legal formality which is not amend ed within the period 
specified in a noti ce. However, if the failure to co nform  to legal formality 
which is not amend ed within the specified period has been amend ed 
before the dis position  is rendered, such application or proceeding shall 
still be a dmissible . 
Where an applicant, holder or  other interested person has failed  to 
comply within the statutory period by reason of an act of God or any 
event not at tributable to such applicant, holder or  interested person, 
he/she  may request  for restoration to the status quo ante , within thirty  
days from the day following the date on which  the cause vanishes , by 
submit ting a written statement to the Registrar Office clarifying  the 
reason. No request  for restoration to the status quo ante  may be made 11 
 upon the failure to comply within the statutory period for more than one 
year.  
When request ing for restoration to the status quo ante , the omitted 
act that should have bee n done within the statutory period  shall be 
completed  together with the  request  for restoration.  
The preceding two paragraphs shall not apply to the failure to 
comply within the period pr escribe d in Paragraph 3 of Article 32.  
 
Article 9   Date to be based on 
The date of application and other proceedings of trademark shall be 
based on the date of receipt of the written documents or articles at the 
Registrar Office. The date of those via postal service shall be based on 
the postmarked date of the place of ori gin. 
Unless otherwise proved by the concerned party, the date of those 
whose postmarked date appears to be ambiguous will be based on the 
date of receipt at the Registrar Office.  
 
Article 10  Service by publication  
Where a disposition  or any other document cannot be served, such 
disposition  or document shall be published in the Trademark  Gazette and 
shall be deemed having been duly served in thirty days from the day 
following  the date of publication.  
 
Article 11  Trademark G azette  
The Registrar Office shall p ublish and circulate the Trademark 
Gazette , in which  registered trademarks and relevant particulars  shall be 
entered . 12 
 The Trademark G azette referred to in the preceding paragraph may 
be published and circulated  by electronic means; the date of 
commencement  thereof shall be prescribed by the Registrar Office . 
 
Article 12  Trademark Register  
The Registrar Office shall maintain the Trademark Register , in which  
the t rademark registrations, changes to trademark rights and all other 
particular s prescribed by acts or regulations shall be entered and made 
available to the  public.  
The Trademark Register  referred to in the preceding paragraph may 
be produced  by electronic means.  
 
Article 13  E-filing  
Application and other proce edings of trademark may be transmitted by 
electronic means ; the implementing regulations ther eof shall be 
prescribed by the Competent Authority.  
 
Article 14  Assignment of examiner  
The Registrar Office shall assign examiner (s) to conduct the 
examination of application s f for registration, opposition s to registration, 
invalidations and revocations of registration of trademark . 
The qualification of examiner referred to in the preceding paragraph 
shall be prescribed by law. 
 
Article 15  Disposition in writing  
The Registrar Office shall render a written d isposition on 
examination referred to in paragraph 1 of the preceding article, in which 13 
 the reason  is stated, and serve the said disposition to the applicant  or 
the person who requested for opposition, invalidation or revocation . 
The disposition referred t o in the preceding paragraph shall bear 
the name (s) of the examiner (s). 
 
Article 16  Calculation of period  
For the purpose of calculation of a period, except those referred to 
in Paragraph 1 of Article 33, Paragraph 4 of Article 75, and Article 103, 
the fir st day does not count.  
 
Article 17  Provisions applied mutatis mutandis  
The provisions of this Chapter with respect to trademarks shall 
apply mutatis mutandis  to certification marks, collective membership 
marks, and collective trademarks.  
 
Chapter II  Tradem ark 
Section  I Application for Registration  
 
Article 18  Signs of which trademark may consist ; distinctiveness  
A trademark shall refer to any sign with distinctiveness, which may , 
in particular,  consist of word s, de signs, symbol s, color s, 
three -dimensional s hape s, motion s, hologram s, sound s, or any 
combination thereof.  
The term “distinctiveness” used in the preceding paragraph refers to 
the character of a sign capable of being recognized by relevant 
consumers as an indication of the source of goods or service s and 
distinguishing goods or services of one undertaking from those of other 14 
 undertakings.  
 
Article 19  Application for trademark registration; date of filing  
An application for trademark registration shall be made to the 
Registrar Office by filing an appl ication containing (the name and address 
of) the applicant, a reproduction of the trademark, and the list of 
designated goods or services.  
The date of filing of an application for trademark registration is the 
date on which an application referred to in t he preceding paragraph is 
furni shed to the Registrar Office.  
A reproduction of the trademark shall be represented in a manner 
that is clear, precise, self -contained, objective, durable, easily accessible 
and intelligi ble. 
An application for trademark regis tration shall relate to a single 
trademark, and may designate goods or services classified in two or 
more classes.  
Classification of goods or services referred to in the preceding 
paragraph shall be prescribed by the Enf orcement Rules of this Act.   
The cla ssification of goods or services referred to in the preceding 
paragraph shall not constrain the determination of similarity of goods or 
services.  
 
Article 20  Right of priority; same treatment for certain categories of 
persons as for nationals of  ROC  
An app licant who has duly filed an application for trademark 
registration in a country which has reciprocal recognition of priority 
rights with the ROC, or filed such application with a member of the 15 
 World Trade Organization (WTO) , may claim a right of priority,  for the 
purposes of registering the same trademark in the ROC for some or all 
the same goods or services, within six months from the day following  the 
date of filing of the first such application.  
An applicant of a foreign  country  which is not a member of  the WTO 
nor a country having reciprocal recognition of priority rights with the 
ROC, may claim a right of priority pursuant to the preceding paragraph if 
he/she  is domiciled or has a business establishment in the territory of a 
country which has reciproca l recognition of priority rights with the ROC 
or in the territory of a member of the WTO.  
An applicant  who claims priority pursuant to paragraph 1 shall 
submit a written statement to that effect simultaneously with the 
application  which  shall set forth the  following:  
(1) the date of filing of the first application;  
(2) the country or the member of the WTO in which the first 
application was made; and  
(3) the application number of the first application.  
The applicant shall submit, within three months from the  day 
following  the date of filing of the application, a copy of the application 
certified as admitted by the country or the member of the WTO referred 
to in the preceding paragraph.  
If the statement or the  copy of the application is not submitted  
pursuant to Subparagraph 1 or Subparagraph 2 of Paragraph 3 or the 
preceding paragraph, the priority claim shall be deemed not having been 
made.  
If an application is filed with a claim of priority, the date of priority 
shall count as the date of filing.  16 
 If an appli cation is filed with a claim of multiple priorities, the date 
of each priority shall count as  the date of filing of goods or services in 
respect of such  priority.  
 
Article 21  Right of exhibition priority  
If an applicant of an application for  trademark  registration  has 
displayed goods or services under the trademark applied for , at an 
international exhibition which was held or officially recognized by the 
Government of the ROC , and if such applicant  files the application within 
a period of six months from th e day following  the date of the first display 
of such goods or services, the date of the first display shall count as the 
date of filing of the application.  
The preceding article shall apply mutatis mutandis  to applications 
filed with a claim of exhibition  priority under the preceding paragraph.  
 
Article 22  Filing on same date  
If two or more applications for trademark registration relating to 
identical or similar trademarks which designate  identical or similar goods 
or services are filed separately by diffe rent applicants on the same date  
of which time precedence cannot be determined, and hence there exists 
a likelihood of confusion on relevant consumers , all of such applicants 
shall reach a n agreement on the precedence by consultations among the 
applicants.  Where  no agreement is reached in the consultations , lots 
shall be casted for deciding precedence.  
 17 
 Article 23  Prohibition and exception of  amendment to trademark  
reproduction and designated goods or services  
No amendments shall be made to the reproduction  of a trademark 
and the designated goods or services thereof after an application for 
trademark registration has been filed , unless  such amendment is a 
restriction of designated goods or services or an amendment to the 
reproduction  of a trademark which does not substantially change such  
trademark . 
 
Article 24  Change to application  
Changes to the name or address of the applicant, the trademark 
agent, or any other particulars in an application for registration shall be 
made by filing a request therefor with  the Registrar Office.  
 
Article 25  Correc tion of application  
The following errors in the particulars of an application for 
trademark registration may be corrected upon request or ex officio : 
(1) errors in the name or address of the applicant;  
(2) errors of w ording or of copying; or  
(3) any other obvious mistakes.  
The correction referred to in  the preceding paragraph shall not 
affect the identity of the trademark or broaden the scope of the 
designated goods or services.  
 
Article 26  Division of application  
An a pplicant may request the Registrar Office to divide an 
application for registration into two or more applications by distributing 18 
 the designated goods or services included in the  original application 
among  divisional applications which shall preserve the f iling date of the 
original  applicati on. 
 
Article 27  Transfer of application  
The r ights derived from an application for trademark registration 
may be transferred to another person.  
 
Article 28  Limitation and exception of disposition of right derived 
from ap plication for registration of jointly owned 
trademark  
Any transfer of the right derived from an application for registration 
of a jointly owned trademark or the share of a joint applicant in such 
trademark shall have the consent of all joint applicants, un less such right 
or share is transferred by succession , compulsory execution,  a judgment  
of the court or operation of other law. 
Any abandonment of the right derived from an application for 
registration of  a jointly owned trademark shall have the consent of  all 
joint applicant s, unless in the case that a joint applicant  abandons 
his/her own share in such  trademark.  
The share abandoned by a joint applicant  referred to in  the 
preceding paragraph shall be distributed among the remaining joint 
applicant s in prop ortion to each one’s share.  
The preceding paragraph shall apply mutatis mutandis  to cases 
where a joint applicant  dies with no successor or ceases to exist with no 
assumer . 
Any restriction or division of the designated goods or services of an 19 
 application f or registration of a jointly owned trademark shall have the 
consent of all joint applicant s. 
 
Section II Examination and Acceptance  
 
Article 29  Grounds for refusal of registration : devoid of 
distinctiveness; disclaimer  
A trademark shall not be registered i f it is devoid of distinctiveness 
in any of the following:  
(1) consisting exclusively of a description of the quality, intended 
purpose, material, place of origin , or relevant characteristics of the 
designated goods or services;   
(2) consisting exclusively  of the generic mark or term  for the 
designated goods or services; or   
(3) consisting exclusively of other signs which are devoid of any 
distinctiveness.   
Subparagraph  1 or 3 of the preceding paragraph shall not apply if 
the trademark has been used by the applicant and has become, in trade, 
a sign capable of distinguishing  the goods or services of the applicant.   
Where the reproduction  of a trademark contains an element which 
is not distinctive, and where the inclusion of that element in the 
trademark could  give rise to doubts as to the scope of the trademark  
rights , the applicant shall state that he /she  disclaims any exclusive right 
to such element. Such trademark without disclaimer shall  not be 
registered . 
 20 
 Article 30  Other g rounds for refusal of registrat ion 
A trademark shall not be registered in any of the following:  
(1) being exclusively necessary for the goods or services  to be 
functional ; 
(2) being identical with or similar to the national flag, national 
emblem, national seal, military flags, military insignia, official seals, or 
medals of the ROC, or the state flags of foreign countries, or the armorial 
bearings, national seals or other state emblems of foreign countries 
communicate d by any member of the  WTO  under Paragraph 3 of Article 
6ter of the Par is Convention;  
(3) being identical with the portrait or name of Dr. Sun Yat -Sen or of 
the head of the state;  
(4) being identical with or similar to the mark of a government 
agency of the ROC or an official exhibition held thereby, or the medal or 
certifica te awarded thereby;  
(5) being identical with or similar to the armorial bearings, flags, 
other emblems, abbreviations, and names, of international 
intergovernmental organizations or well -known domestic or foreign 
institutions undertaking business es for pub lic interest s, and hence being 
likely to mislead the public ; 
(6) being identical with or similar to official signs and hallmarks 
indicating control and warranty adopted by the domestic or foreign  
countries, and being designated to the identical or similar goods or 
services;  
(7) being contrary to public policy or to accepted principles of  
morality;  
(8) being likely to mislead the public as to the nature, quality, or 21 
 place of  origin  of the goods or services;  
(9) being identical with or similar to a geographic al indication for 
wines or spirits in the ROC  or a foreign country, and being designated to 
goods that are identical with or similar to wines or spirits, where that 
foreign country concludes with the ROC an agreement , or accedes to an 
international treaty,  to which the ROC also accedes, or has reciprocal 
recognition with the ROC of protection of geographical indication s for 
wines or spirits;  
(10) being identical with or similar to another person’s registered 
trademark or earlier filed trademark and to be ap plied  for goods or 
services identical with or similar to those for which the registered 
trademark is protected or the earlier filed trademark is designated, and 
hence there exists a likelihood of confusion on relevant consumers, 
unless the consent  of the proprietor of the said registered trademark or 
earlier filed trademark to the application  has been given and is not 
obviously improper;  
(11) being identical with or similar to another person’s  well-known 
trademark or mark , and hence there exists a likelihoo d of confusion on 
the relevant public or a likelihood of dilution of the distinctiveness or 
reputation of the said well -known trademark or mark, unless the 
proprietor of the said well -known trademark or mark consents to the 
application;  
(12) being identica l with or similar to another person’s  earlier used 
trademark and to be applied  for goods or services identical with or 
similar to those for which the earlier used trademark is applied, where 
the applicant with the intent to imitate the earlier used tradema rk, being 
aware of the existence of the earlier used trademark due to contractual, 22 
 regional , or business connections, or any other relationship with the 
proprietor of the earlier used trademark, files the application for 
registration, unless the proprietor  of the said earlier used trademark 
consents to the application;  
(13) containing another person’ s portrait or well -known name, 
stage name, pseudonym, or alternative name,  unless the said person 
consents to the application ; 
(14) containing  the name of a wel l-known juridical  person, business  
or any group , and hence there exists a likelihood of  confusion on the 
relevant public, unless the said juridical  person, business or group 
consent s to the application ; or 
(15) being an infringement of another person’s cop yright, patent 
right, or any other right, where  a final judgment  of the court has been 
rendered , unless the said person consents to the application . 
The determination of a geographical indication, well-known 
trademark/mark,  and earlier used trademark  as pr escribed in 
Subparagraph  9 and Subparagraphs  11 to 14, respectively, of the 
preceding paragraph shall be based on the facts at the time of filing.  
Subparagraphs  4, 5 and 9 of Paragraph 1 of this Article shall not 
apply if the applicant is a government agen cy or related institution.  
Paragraph 3 of the preceding article shall apply mutatis mutandis  to 
the ground for refusal  prescribed  in Subparagraph  1 of Paragraph 1.  
 
Article 31  Disposition of refusal ; time limit on  request of restriction 
of goods or service s, amendment to reproduction without  
substantial change, division and disclaimer  
An application for trademark registration shall be refused if it is held, 23 
 after examination, that under Paragraph 1 or 3 of Article 29, Paragraph 1 
or 4 of the preceding parag raph, or Paragraph 3 of Article 65, the 
trademark shall  not be registered.  
Before rendering a disposition of refusal  pursuant  to the preceding 
paragraph, a written notice stating grounds for refusal  shall be given  to 
the applicant, who may submit  his/her o pinion  on the intended refusal  
within the prescribed period.  
Any restriction of the designated goods or services, amendment to 
the reproduction  of a trademark which does not substantially change  
such  trademark, division of an application for registration, or disclaimer 
shall be requested  before the disposition of refusal  is rendered.  
 
Article 32  Disposition of acceptance; payment of registration fee; 
relief measure  of failure to pay  
An application for trademark registration shall be accept ed if, after 
exami nation, none of the grounds for refusal prescribed  in Paragraph 1 
of the preceding article  is found to exist.   
A trademark been accept ed for registration shall be published for 
registration and a trademark certificate shall be issued , provided  that the 
registration fee has been paid by the applicant within two months from 
the day following the date  of the service of the disposition. Where the 
said fee remains unpaid by the end of the prescribed period , a trademark 
shall not be published for registration.  
Where an applicant has unintentionally failed to pay the fee  within 
the period  prescribed  in the preceding paragraph, the applicant may pay 
double  within six months from the day following the date  on which  the 
prescribed period  expires, in which case the Reg istrar Office will publish 24 
 the registration. However, this shall  not be applied if an application for 
trademark registration filed or right s of a  trademark obtained  by a third 
party during such period would be affect ed. 
 
Section III  Trademark Rights  
 
Artic le 33  Right conferred by registered trademark  and duration  of 
registration  
The proprietor of a registered trademark shall have the exclusive 
right of the trademark for a period of ten years from the date of 
publica tion of registration.  
The period  of the t rademark right may be renewed, and the 
duration of each renewal period shall be ten years.  
 
Article 34  Renewal  of registration  
A request for renewal of the trademark right shall be made, and the 
renewal fee paid, within six months before the expiry of the period  of 
the trademark right; failing this, the request may be made and the fee 
paid in double within such further period of six months from the day 
following the date of  expiry of the period  of the trademark right.  
Renewal referred to in  the preceding pa ragraph shall take effect 
from the day following the date of expiry of the previous period  of the 
trademark right.  
 
Article 35  Right in registered trademark  
The proprietor of a registered trademark has the exclusive right in 
the trademark in relation to th e designated goods or services.  25 
 Unless otherwise pr escrib ed in Article 36 of this Act, consent of the 
proprietor of a registered trademark shall be required in any of the 
following:  
(1) using a trademark which is identical with the registered 
trademark in  relation to goods or services which are identical with those 
for which it is registered;  
(2) using a trademark which  is identical with the registered 
trademark and used in relation to goods or services similar to those for 
which the registered one is desi gnated, and hence there exists a 
likelihood of confusion on relevant consumers; or  
(3) using a trademark wh ich is similar to the registered trademark 
and used in relation to goods or services identical with or similar to 
those for which the registered one is designated, and hence there exists 
a likelihood of confusion on relevant consumers.  
A trademark may, if registered, be display ed with the words 
“registered trademark ” or the internationally used symbol for 
registration  (the letter R enclosed within a ci rcle). 
 
Article 36  Limits on effect of registered trad emark  
A registered trademark shall not entitle the proprietor to prohibit a 
third party from:  
(1) indicating his/her own name, or the term , shape, quality, nature, 
characteristic, intended purpose, plac e of origin, or any other description 
in relation  to his/her own goods or services, in accordance with honest 
practices in industrial or commercial matters and not us ing it as a 
trademark;   
(2) using where it is necessary for the goods or services to be 26 
 functional; or  
(3) using bona fide , prior to the filing date of the registered 
trademark, an identical or similar trademark on goods or services 
identical with or similar to those for which the registered trademark is 
protected , provided that the use is only  on the original goods or services; 
the proprietor of the registered trademark is entitled to  request the 
party who use the trademark to a dd an appropriate and distinguishing 
indication . 
Where goods have been put on the domestic or foreign market 
under a registered trademark by the proprietor or with his consent, the 
proprietor is not entitled to claim trademark rights on such  goods, unless 
such claim is to prevent the condition of the goods been changed or 
impaired after they have been put on the market or  there exist other 
legitimate reasons.  
 
Article 37  Division of registration  
The proprietor of a registered trademark may request the Registrar 
Office to divid e the registration into two or more registrations  by 
distributing the designated goods or services  included in the original 
registra tion among divisional registra tions . 
 
Article 38  Change and correction of  registration; time limit on 
division and restriction  
No amendments shall be made to the reproduction of a trademark 
and the designated goods or serv ices thereof after the trademark has 
been register ed, unless  such amendment is a restriction of designated 
goods or services . 27 
 Articles 24 and 25 shall apply mutatis mutandis  to any change or 
correction of the particulars of a trademark registration.  
If an opposition, invalidation or revocation has been entered at the 
Registrar Office against a registered trademark,  any division of the 
registration  or restriction of the designated goods or services shall be 
requested  before the disposition of such  opposition , invalidation or 
revocation is rendered.  
 
Article 39  Recordal  of license  in the Register  
A registered trademark  may be licensed by the proprietor, 
exclusively or non -exclusively, for all or some of the designated goods or 
services for which it is register ed and for a particular locality.  
A license referred to in  the preceding paragraph shall have no locus 
standi  against any third party unless it is enter ed in the Register by the 
Registrar Office.  
If the trademark right have been transferred after the lice nse is 
enter ed in the Register , the transferee is still bound by the licens ing 
contract.  
If the recordal  of an exclusive license is requested by the proprietor 
of a registered trademark after a non -exclusive license is enter ed in the 
Register , such non-exclusive license shall not be affected.  
An exclusive licensee is entitled , within the scope of the license,  to 
exclude the proprietor and any third party from using the registered 
trademark.  
Unless otherwise pr escrib ed in a licensing contract , an exclusive 
licensee is entitled , within the scope of the license,  to bring infringement 
proceedings in his /her  own name.  28 
  
Article 40  Recordal  of sub -license  in the Register  
Unless otherwise pr escrib ed in a licensing contract , an exclusive 
licensee is entitled , within the scope of the license,  to sub -license the 
registered trademark  to another person . 
A non -exclusive licensee shall not sub -license the registered 
trademark to another person , unless the proprietor or the exclusive 
licensee consents to the sub -license.  
A sub-license shall have no locus standi  against any third party 
unless it is enter ed in the Register by the Registrar Office.  
 
Article 41  Removal of license from the Register  
Before the expiry of the period of a license, a concerned or an 
interested party ma y, by submitting relevant evidence, request the 
Registrar Office to remove the license from the Register  under any of the 
following:  
(1) both the proprietor of the registered trademark and the licensee 
agree to terminate the license; such  request  shall als o apply to the 
sub-licens e; 
(2) where the licensing contract expressly prescribes that either the 
proprietor or the licensee may terminate the license  at any time, the 
concerned party declar es the termination;  
(3) due to the licensee ’s breach ing the licen sing contract, the 
proprietor gives such licensee a notice of rescind ing or terminat ing the 
licensing contract, and the licensee  show s no objection thereto; or  
(4) there is other relevant evidence capable of  establish ing that the 
licens e no longer exists.  29 
  
Article 42  Recordal  of transfer in the Register  
A transfer  of trademark right shall have no locus standi  against any 
third party unless it is enter ed in the Register by the Registrar Office.  
 
Article 43  Addition  to appropriate and distinguishing indicatio n 
If, due to a  transfer  of trademark right, two or more proprietor s use 
an identical trademark on similar goods or services  or similar trademark s 
on identical or similar  goods or services , and hence there exists a 
likelihood of confusion on relevant consum ers, each proprietor shall add 
an appropriate and distinguishing indication while using his/her own 
trademark . 
 
Article 44  Recordal  of pledge in the Register  
An establishment , change, or extinguishment of a pledge made by 
the proprietor of a registered tra demark shall have no locus standi  
against any third party unless it is entered in the Register by the Registrar 
Office.  
Where a proprietor establishe s multiple pledges on his/her 
trademark right for the purpose of securing multiple creditors’ rights, the 
ranks of these pledges shall be determined according to the order of the 
recordal  in the Register.  
A pledgee in respect of right in a registered trademark shall not use 
such  trademark  unless otherwise licensed by the proprietor thereof.  
 
Article 45  Abandonm ent of registration  
The proprietor of a registered trademark may abandon his/her  30 
 trademark right. However, if a license or a pledge has been entered in 
the Register , the proprietor shall get the consent of the licensee or 
pledgee.  
The abandonment referred to in the preceding paragraph shall be 
made in writing to the Registrar Office.  
 
Article 46  Disposition of right of jointly owned trademark  
Any license, sub -license, transfer, abandonment of, or establishment  
of pledge on the right in a jointly owned trade mark or any transfer of or 
establishment  of pledge on the share in a jointly owned trademark shall 
have the consent of all joint proprietors, unless such right or share  is 
transferred by succession , compulsory execution, a judgment  of the 
court  or operatio n of other law. 
The proviso  to Paragraph 2 of Article 28 and Paragraph 3 of same 
Article shall apply mutatis mutandis  to a joint proprietor’s abandonment 
of his/her share.  
Where a joint proprietor dies with no successor or ceases to exist 
with no assumer , Paragraph 4 of Article 28 shall apply mutatis mutandis  
to the distribution of such  joint proprietor’s share.  
Paragraph 5 of Article 28 shall apply mutatis mutandis  to a 
restriction or division of the designated goods or services of a jointly 
owned register ed trademark.  
 
Article 47  Extinguishment of registration  
Right of a  registered trademark shall become extinguished under 
any of the following:  
(1) where the right is not renewed pursuant to  Article 34, such  right 31 
 shall be come  extinguished from the day fol lowing the date of expiry of 
the period of such  right.  
(2) where the proprietor of such  trademark dies with no successor , 
such  right shall be come  extinguished from the day following the date of  
death of such  proprietor; or  
(3) where the right  is abandoned pursuant to  Article 45, such right 
shall be come  extinguished from  the date of receipt of a written 
statement  on the abandonment  at the Registrar Office.  
 
Section IV  Opposition  
 
Article 48  Grounds for opposition and time limit o n filing  
Any person may file an opposition to registration of a trademark 
with the Registrar Office within three months from the day following the 
date of publication of registration on the grounds that such  registration 
falls under Paragraph 1 of Article 29, Paragraph 1 of Article 30 , or 
Paragraph 3 of Article 65.  
The opposition referred to in the preceding paragraph may be filed 
for some of the d esignated goods or services of the registered 
trademark.  
An opposition shall be filed against a single registered trademark.  
 
Article 49  Opp osition procedure  
Any person who opposes a registered trademark shall file an 
opposition  stating the facts and grounds along with a copy thereof. Any 
attachments to the opposition  shall also be enclosed with the copy.  
The Registrar Office shall serve the c opy o n the proprietor of 32 
 opposed  trademark, who may submit a statement of defense  to the 
opposition within the prescribed period; where the proprietor submit s 
the statement of defense , the Registrar Office shall serve a copy of the 
statement  on the opponen t, who may submit his/her opinion  on the 
statement  of the proprietor within the prescribed period.  
Where the statement or opinion  submitte d pursuant to the 
preceding paragraph is likely to delay the proceedings, or where  the facts 
and evidence are sufficie ntly clear, the Registrar Office may conduct 
opposition proceedings  directly without giving the opposite party a 
notic e to submit a statement of defense  or opinion . 
 
Article 50  Provisions govern in opposition  
With respect to the grounds f or an opposition to a registered 
trademark, the provisions in effect at the time of the said trademark 
publication of registration shall govern, unless otherwise prescribed in 
Paragraph 1 and Paragraph 3 of Article 106.  
 
Article 51  Avoidance of examiner in opposition  
An opp osition to a trademark shall be examined by an examiner, 
who did not participate in the examination of the application for 
registration of the oppos ed trademark.  
 
Article 52  Invariance of concerned party in opposition  
A transfer of the right of a trademark  of which the opposition 
proceedings is underway does not influence  the said opposition 
proceedings.  
A transferee of trademark right referred to in the preceding 33 
 paragraph may declare to assume  the position of the opposed party in 
the opposition proceeding s. 
 
Article 53  Withdraw of opposition  
An opponent may withdraw his/her opposition to a registered 
trademark before the disposition of such  opposition is rendered.  
An opponent who withdrew his/her opposition to a registered 
trademark  shall not file an oppo sition once more or invalidation against 
such  opposed  trademark based on the same facts , evidence and grounds  
as those in the withdrawn opposition . 
 
Article 54  Effect of sustained opposition  
Where an opposition to a registered trademark is sustained , the 
registration of the opposed trademark shall be cancelled.  
 
Article 55  Cancellation of some goods or services  
Where grounds for cancellation referred to in the preceding article 
exist in respect of some of the designated goods or services of the  
registered t rademark, the registration may only be cancelled in respect 
of those goods or services.  
 
Article 56  Ne bis in idem  
Where a disposition of  the opposition to a registered trademark  
became final , no one shall file an y invalidation against such opposed 
tradema rk based on the same facts , evidence and grounds as those in 
the opposition . 
 34 
 Section V  Invalidation  
 
Article 57  Grounds for invalidation; proof of use of earlier trademark  
An interested party may file invalidation with the Registrar Office, or 
a trademark  examiner may submit a proposal to the Registrar Office for 
invalidation, against  a trademark registration on the grounds that such  
registration falls under Paragraph 1 of Article 29, Paragraph 1 of Article 
30, or Paragraph 3 of Article 65.  
A person  who file an invalidation with the Registrar Office  against  a 
trademark registration on the grounds that such  registration falls under 
Subparagraph 10 of Paragraph 1 of Article 30 shall furnish proof that , 
during the period of three years preceding the date of request for  
invalidation, the earlier trademark has been used in connection with the 
goods or services in respect of which it is registered  and which he /she  
cites as justification for his /her  request , or that there  are proper reasons 
for non -use, provided  the earlier trademark has at that date been 
registered for not less than three years . 
The proof  of use furnished pursuant to the preceding paragraph 
shall be capable of establishing the genuine use of the trademark in 
accordance with general commercial pract ices. 
 
Article 58  Time limit on filing  invalidation and exception  
No invalidation shall be filed, or no proposal for an invalidation shall 
be submitted, against a trademark registration on the grounds that such 
registration falls under Subparagraph 1 or 3 of Paragraph 1 of Article 29, 
any of Subparagraphs 9 through 15 of Paragraph 1 of Article 30, or 
Paragraph 3 of Article 65  if the registration has at that date been 35 
 published for not less than five years.  
The period referred to in the preceding paragraph s hall not appl y to 
the invalidation against a trademark registration on the grounds that 
such registration falls under Subparagraph 9 or 11 of Paragraph 1 of 
Article 30 if the registration was applied for in bad faith.  
 
Article 59  Invalidation procedure  
An examination on an invalidation  shall be conducted by a n 
invalidation panel consisting of three or more  examiners  assigned by the 
head of the Registrar Office . 
 
Article 60  Effect of sustained invalidation  
Where an invalidation  against  a registered trademark  is sustained, 
such  registration shall be cancelled. However, if the circumstance on 
which the trademark is not registrable no longer exists, a disposition to 
overrule  such  invalidation may be rendered upon considering the need 
for proportionality between the interests of the public and the interests 
of the concerned parties.  
 
Article 61  Ne bis in idem  
Where a disposition of an invalidation  against a registered 
trademark was  rendered , no one shall file an other  invalidation against 
such trademark based on th e same facts, evidence and grounds as those 
in the earlier invalidation . 
 
Article 62  Provisions applied mutatis mutandis  to invalidation  
Paragraphs 2 and 3 of Article 48, Articles 49 through 53, and Article 36 
 55 shall apply mutatis mutandis  to an invalidatio n of a registered 
trademark . 
 
Section VI  Revocation  
 
Article 63  Grounds for revocation; revocation of some goods or 
services  
The Registrar Office shall, ex officio  or by request , revoke the 
registration of a trademark if such  trademark is in any of the fol lowing:  
(1) where the trademark is altered by the proprietor in different 
forms in which it was registered or supplemented with additional notes 
whereby the trademark is identical with or similar to another person’s 
registered trademark in relation to good s or services which are identical 
with or similar to those for which another person’s registered trademark 
is designated, and hence there exists a likelihood of confusion on 
relevant consumers;  
(2) where the trademark has not yet been put to use or such us e 
has been suspended for a continuous  period of not less than three years 
without proper reasons for non -use, unless the trademark has been put 
to use by a licensee;  
(3) where no appropriate and distinguishing indication is added 
pursuant to Article 43, un less the indication has been added and hence 
there does not exist any likelihood of confusion before the disposition of 
revocation rendered by the Registrar Office;  
(4) where the trademark has become the generic mark or term, or 
common shape for the design ated goods or services; or  
(5) where , in consequence of the actual use  of the trademark , such  37 
 trademark is likely to mislead the public as to the nature, quality, or place 
of origin of the goods or services.  
The registered trademark shall also be revoked  in the case where 
the proprietor of such trademark  who, knowingly or with reasonable 
grounds to know, show s no objection to the conduct as prescribed in 
Subparagraph 1 of preceding paragraph by a licensee.  
The trademark registration shall not be revoked on the ground  
prescribed  in Subparagraph 2 of Paragraph 1 if such use as referred to in 
that subparagraph  was commenced or resumed  before  the revocation is 
requested , unless any such commencement or resumption of use within 
the period of three months before the revocation is requested  was 
because the proprietor became aware that the revocation  might be 
request ed. 
Where grounds for revocation exist in respect of some of the 
designated goods or services of the  registered trademark , the 
registration may be revoke d in respect of those goods or services.  
 
Article 64  Identity of trademark  
Actual u se of a registered trademark by the proprietor in a form  
differing in elements which  do not affect the identity of the trademark 
according to general concepts in the society  shall constitute  use of the 
registered trademark.  
 
Article 65  Revocation procedure  
The Registrar Office shall serve a copy of the request  for revocation 
on the proprietor of a registered trademark, who may submit a 
statement of defense against  the revocat ion within the prescribed period; 38 
 where the proprietor submit s the statement of defense , the Registrar 
Office shall serve a copy of the statement  on the opposite party , who 
may submit his/her opinion  on the statement  of the proprietor within 
the prescribed  period. A  request  for revocation may be dismissed  directly 
if it is devoid of any concrete facts and evidence or based on obviously 
groundless claims.  
Where a copy of the request  for revocation  against a registered 
trademark on the ground prescribed in Su bparagraph 2 of Paragraph 1 of 
Article 63 has been served on the proprietor of such trademark, such 
proprietor shall furnish proof of his/her use. Such registration may be 
revoked directly if the proprietor fails to submit a statement of defense  
within the  prescribed period . 
Where the trademark registration was revoked on the ground 
prescribed in  Subparagraph 1 of Paragraph 1 of Article 63,  a trademark 
which  is identical with or similar to the revoked trademark in relation to  
goods or services  which are ide ntical with or similar to those for which 
the revoked trademark is designated  shall not be applied for registration 
by the former proprietor of the revoked trademark or transferred or 
licensed to such former proprietor within three years from the day 
follo wing  the date of revocation; the aforementioned shall also apply to 
the circumstance that the trademark right has been abandoned before 
the disposition of revocation rendered by the Registrar Office.  
 
Article 66  Provisions govern in invalida tion 
With respe ct to the grounds for revocation against a registered 
trademark, the provisions in effect at the time of the revocation was 
requeste d shall govern . 39 
  
Article 67  Provisions applied mutatis mutandis  to revocation  
Paragraphs 2 and 3 of Articles 48, Paragraphs 1 and 3 of Article 49, 
Article 52 and Article 53 shall apply mutatis mutandis  to the examination 
of revocation.  
Paragraphs 2 and 3 of Article 57 shall apply mutatis mutandis  to a 
revocation on the ground prescribed in  Subparagraph 1 of Paragraph 1 of 
Artic le 63.  
Paragraph 3 of Article 57 shall apply mutatis mutandis  to the 
circumstance that a proprietor of a revoked trademark furnishes proof of 
use pursuant to Paragraph 2 of Article 65 . 
 
Section VII  Infringement Remedies  
 
Article 68  Infringement of register ed trademark  
Any of the following act , in the course of trade  and without consent 
of the proprietor of a registered trademark , constitutes infring ement  of 
the right  of such  trademark:  
(1) using a trademark which is identical with the registered 
trademark i n relation to goods or services which are identical with those 
for which it is registered;  
(2) using a trademark which  is identical with the registered 
trademark and used in relation to goods or services similar to those for 
which the registered one is des ignated, and hence there exists a 
likelihood of confusion on relevant consumers; or  
(3) using a trademark wh ich is similar to the registered trademark 
and used in relation to goods or services identical with or similar to 40 
 those for which the registered one  is designated, and hence there exists 
a likelihood of confusion on relevant consumers.  
 
Article 69  Exclusion, prevention  and damages  of infringement ; time 
limit to demand damages  
A proprietor of a registered trademark  is entitled to  demand a 
person who in fringes or is likely to infringe the trademark  right to stop or 
prevent such infringement.  
When making a demand pursuant to Paragraph 1, the p roprietor  is 
entitled to  demand  for destruction of infringing articles  and the 
materials or implemen ts used in inf ringing the trademark. However, the 
court may order other dispositions as it considers necessary after taking 
into account the need for proportionality between the seriousness of the 
infringement and the interests of third parties.  
The proprietor is entitl ed to  demand  the infringer  who knowingly, 
or with reasonable grounds to know, infringed such  trademark rights  to 
pay the proprietor damages.  
The rights to demand  referred to  in the preceding paragraph shall 
become extinguished if not exercised within two y ears from the date on 
which the proprietor  become aware of the damage and the person liable 
for damages. This right shall also become extinguished if it is not 
exercised within ten years from the time of infringement.  
 
Article 70  Acts deemed infringement  
Any of the following acts , without consent of the proprietor of a 
registered trademark , shall be deemed infring ement  of the right  of such  
trademark : 41 
 (1) knowingly using a trademark which is identical with or similar to 
another person ’s well-known registered  trademark, and hence there 
exists a likelihood of dilution of the distinctiveness or reputation of the 
said well -known trademark;  
(2) knowingly using words contained in a nother person ’s 
well-known registered trademark as the name of a company, business, 
group or domain or any other name that identifies a business entity, and 
hence there exists a likelihood of confusion on relevant consumers  or a 
likelihood of dilution of the distinctiveness or reputation of the said 
well-known trademark; or  
(3) manufacturi ng, possessing, displaying, selling, exporting or 
importing labels, tags, packaging or containers that have not been 
applied in relation to goods or services, or articles that have not been 
applied in relation to services, knowing that such article s would likely 
infringe trademark rights as prescribed in Article 68.  
 
Article 71  Calculation of damages  
Damages demand ed by the proprietor of a registered trademark  
may be calculated according to any of the following:  
(1) the method provided in Article 216 of the  Civil Code; the 
proprietor  is entitled to  demand  damages based on the amount of the 
balance derived by subtracting the profit earned through using the 
trademark  after infringement from the profit normally expected through 
using the same trademark , if no m ethod of proof can be furnish ed to 
prove the damage suffered;  
(2) the profit earned by the infringer as a result of trademark 
infringement;  if no proof  on costs or necessary expenses can be 42 
 furnishe d by the infringer, the total amount of income from sellin g the 
infringing goods shall be presumed to be  the amount of profit;  
(3) the amount not more than 1,500 times of the unit retail price of 
the infringing goods ; if over 1,500 pieces of infringing goods were  found, 
the amount of damages shall be a lump sum of the market value of the 
infringing goods; or  
(4) the equivalent amount of royalty that may be collected from 
using the trademark  under licensing.  
A court may, at its discretion, reduce the amount of damages 
referred to in the preceding paragraph  if such  amount  is apparently 
unequ al. 
 
Article 72  Request  for detenti on 
A proprietor of a registered trademark  may request  Customs to 
detain article s that are suspected of infringing the rights in the 
trademark.  
Any request  referred to in the preceding paragraph shall be made in 
writing , accompanied by a statement of the facts of the infringement and 
a security in an amount equivalent to the duty -paid price of the imported 
article s or the F.O.B. price of the exported article s, assessed by Customs, 
or equivalent as surance.  
Customs shall immediately  give a notice to the person who 
request ed to detain articles  once the request  for detention is admitted; if  
suspected articles are detained  because the request  conforms  to the 
preceding paragraph, Customs shall give a not ice to the person who 
request ed to detain articles  and the owner of detained  article s in writing.  
The owner of detained  article s may request Customs to revoke the 43 
 detention on provi sion of  a security equivalent to two times of the 
security referred to  in the Paragraph 2 or equivalent assurance while 
following the procedures in accordance with applicable Customs 
Regulations on import and export article s clearance.  
Where the person who requested to detain articles  is awarded a 
final judgment of the court stat ing that the detained article s have 
infringed trademark rights, the owner  of detained article s shall be liable 
for all relevant expenses incurred as a result of the delay of containers, 
warehousing, loading, an d unloading of the detained article s. 
 
Article  73 Revocation of detention  
Customs shall revoke the detention if any of the following exists:  
(1) within a period of  twelve days after the person who requested 
to detain articles  has been served notice of admission of the request , 
Customs has not been inf ormed that proceedings claiming that the 
detained article s are infringing article s pursuant to Article 69 have been 
initiated by the person who requested to detain articles ; 
(2) a final ruling of the court which dismisses  the litigation initiated 
by the person who requested to detain articles  claim ing that the 
detained article s are infringing article ; 
(3) a final judgment of the court  which holds that the detained 
article s do not infringe trademark rights;  
(4) the person who requested to detain articles  requests for 
revocation of the detention; or  
(5) the c ircumstance  in accordance with Paragraph 4 of the 
preceding article.  
The period  as prescribed in Subparagraph 1 of the preceding 44 
 paragraph  may be extended by another twelve  days by Customs  in 
appropriate c ases . 
If the detention is revo ked pursuant to Paragraph 1, Customs shall 
follow the procedures in accordance with applicable Customs 
Regulations on import and export articles clearance.  
Where the detention is revoked pursuant to Subparagraphs 1 to 4 of 
Paragraph 1, the person who requested to detain articles  shall be liable 
for all relevant expenses incurred as a result of the delay of containers, 
warehousing, loading, and unloading of the detained article s. 
 
Article 74  Release of security  
If a final judgme nt of the court holds that the detained articles do 
not infringe trademark rights, the person who requested to detain 
articles  shall compensate the owner  of detained  article s for injury caused 
to them through wrongful detention of article s or provision of a security  
as prescribed in Paragraph 4 of Article 72 . 
The person who requested to detain articles  shall enjoy the same 
right as a pledgee  in relation to the security as prescribed in Paragraph 4 
of Article 72. The owner of detained articles shall enjoy th e same right as 
a pledgee  in relation to the security as prescribed in  Paragraph 2 of 
Article 72 . However, all relevant expenses incurred as a result of  the 
delay of containers, warehousing, loading, and unloading of the detained 
article s as prescribed  in Paragraph 4 of the preceding article and 
Paragraph 5 of Article 72 shall be paid prior to compensate  the person 
who requested to detain articles  or the owner of detained articles for 
injury.  
Customs shall re lease  the security as prescribed  in Paragraph 2 o f 45 
 Article 72 upon request by the person who requested to detain articles  in 
any of the following:  
(1) where the security is no longer required as the person who 
requested to detain articles  has either obtained a final judgment in 
his/her favor or reached a  settlement with the owner  of detained  
article s; 
(2) where the person who requested to detain articles  proves that 
the owner  of detained article s has been  notified but failed to exercise 
his/her  rights within twenty days or more after the detention is revo ked 
on the grounds  prescribed  in Subparagraphs 1 through 4 of Paragraph 1 
of the preceding article  and hence there is  injury caused to them through 
wrongful detention , or after such owner  obtained  a final judgment  in 
his/her favor ; or 
(3) where the owner  of detained article s agrees to release  the 
security.  
Customs shall re lease  the security as prescribed  in Paragraph 4 of 
Article 72 upon request by the owner of detained articles in any of the 
following:  
(1) where the security is no longer required as either  after the 
detention is revoked on the grounds  prescribed  in Subparagraphs 1 
through 4 of Paragraph 1 of the preceding article  or such owner  has 
reached a settlement with the  person who requested to detain articles ; 
(2) where such owner  proves that the person who requested to 
detain articles  has been  notified but failed to exercise his/her  rights 
within twenty days or more after the person who requested to detain 
articles  has obtained  a final judgment  in his/her favor ; or 
(3) where the person who requested to detain articles  agrees to 46 
 release  the security.  
 
Article 75  Suspension  of release  upon Customs’  own initiative  
Where Customs  acts upon its own initiative  and finds that imported 
or exported  article s in respect of which it has acquired prima facie 
eviden ce that a trademark right is likely  to be infringed , Customs shall 
give a notice to  the proprietor of the trademark  and the 
importer /exporter . 
In giving the notice referred to in the preceding paragraph, Customs 
shall specify a period for the proprietor of  the trademark to come to the 
customs to identify the infringement and furnish  proof  of infringement, 
and Customs shall also specify a period for the importer/exporter to 
furnish proof of  non-infringement. However, t he period  may be extended 
once  only  at the request of the proprietor of the trademark or the 
importer/exporter to Customs in writing, stating legitimate reasons  for 
failure to  furnish proof.  
If proof  of infringement has been furnish ed by the proprietor of the 
trademark  and proof of non -infringem ent has not been furnished by the 
importer/exporter pursuant to the preceding paragraph, Customs may 
suspend the release of such article s. 
If proof of infringement has been furnished by the proprietor of the 
trademark and proof of non -infringement has been  furnished by the 
importer/exporter pursuant to Paragraph 2, Customs shall give a notice 
to the proprietor that he /she  may, within three working days after the 
notice is given, request  for detention  pursuant to  Paragraph 1 of Article 
72.  
If the proprietor  did not , within the period prescribed  in the 47 
 preceding paragraph , request  for detention pursuant to  Paragraph 1 of 
Article 72, Customs may release the article s after retain ing a 
representative sample.  
 
Article 76  Provision of information  of suspected arti cles upon request  
Without prejudice to the protection of confidential information  of 
detained article s, Customs may allow the inspection of detained article s 
upon request by the person who requested to detain articles  or the 
owner of  detained  articles  referred to  in Article 72 or the proprietor of 
the trademark or importer/exporter referred to  in the preceding article.  
After Customs detained suspected articles pursuant to Paragraph 3 
of Article 72  or suspe nded the release of such articles  pursuant to  
Paragr aph 3 of the preceding article, Customs shall inform the proprietor 
of the trademark , at his /her  request , of the names and addresses of the 
import/exporter, the consignor/consignee, and the quantity of the 
suspected article s. 
Proprietor s of trademarks  are permitted to use the data obtained 
on the basis of preceding paragraph solely for the purpose of 
investigating and bringing legal actions concerning alleged infringements 
of their trademark  rights  without disclos ing such data  to any third party.  
 
Article 7 7 Request to Customs on taking samples of suspected  article s 
When identif ying the infringement pursuant to Paragraph 2 of 
Article 75, the proprietor of the trademark may request Customs to take 
samples of suspected  article s and hand them over or send them to such 
proprietor  for identification by providing a security in an amount 
equivalent to 120 percent of the duty -paid price of the imported article s 48 
 and relevant duties and taxes or the F.O.B. price of the exported article s 
and relevant duties and taxes, a ssessed by Customs, provided that it is 
necessary to take samples for identification, as well as  such  proprietor 
has undertaken in writing not to infringe the legitimate interests of the 
importer/exporter and not to use the samples for unjustifiable purpos es. 
The amount of the security referred to  in the preceding paragraph 
shall not be less than NT$3,000.  
If such  proprietor does not return the requested samples within the 
period for furnish ing proof  of infringement prescribed  in Paragraph 2 of 
Article 75, or if the samples returned are not the same as the original 
ones or are defective, Customs shall hold the security to compensate the 
importer/exporter for injury caused to them . 
The importer/exporter of samples of article s shall enjoy the same 
right as a p ledgee in relation to the security held as prescribed in 
preceding p aragraph.  
 
Article 78  Regulations prescribed by Customs  
The regulations gove rning the request  for det ention , revocation of a 
detention, payment, provision and r elease  procedures for a secu rity or 
assurance, required documents and other matters to be followed  as 
prescribed  in Articles 72 t o 74 shall be prescribed by the Competent 
Authority coordinat ing with  the Ministry of Finance.  
The regulations governing the procedures, the required docum ents, 
and other rel ated  matters as to Customs ’ implementing measures for 
protecting rights of trademark s, the proprietor’s request  for inspection of 
detained article s, for rel ated  data of the infringing article s and for 
samples of suspected  article s as prescribed  in Articles 75 to 77 shall be 49 
 prescribed by the Ministry of Finance.  
 
Article 79  Formation of specialized tribunal  
A court may form specialized tribunal(s) or assign specific staff 
members to take charge of trademark litigation cases.  
 
Chapter  III Certification Mark, Collective Membership 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 o f 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 prece ding 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 appl ication  for registr ation of  a 
sign which contain s such  geog raphical name or is capable of indicating 
such  geographical region as a geographical certification mark.  
The Competent Authority shall coordinate with t he central 
government authorities in charge of end enterprises in order to  provide 
guidance and grants t o 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 50 
 help them establish ind ustry -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 grant s, and other 
matters to be followed shall be prescribed by the Competent Author ity in 
consultation with  each central government authorit y 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 g overnment agency which is 
competent to certify  another person’s goods or services shall be eligible 
to apply 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 registr ation of  certification 
mark  
Any person who applies to register a certification mark shall submit 
documents proving su ch person’s capability to certify another person’s 
goods or services, regulations governing the use of the certification mark, 
and a declaration that such person does not carry on a business involving 
manufacture and marketing of goods or provision of serv ices of the kind 
certified.  
If there is any doubt about  the representativeness of the applicant 
of an application  for registr ation of  a geographical certification mark, the 51 
 Registrar Office may consult and seek advice from the central 
government authoritie s in charge of business related to such goods or 
services.  
A foreign juridical  person, group or government agency , who files an 
application for  registr ation of  a geographical certification mark , shall 
submit  document s of proof of  such  geographical certific ation 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 condition on the use of the certification mark;  
(3) the method of manag ing and supervis ing the use of the 
certification mark; and  
(4) the procedures for applying to use the certification mark and 
resolving disputes  thereof . 
The Registrar Off ice 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 Regis trar 
Office.  
 
Article 83 Use of certification mark  
“Use of a certification mark ” means  the use of such  mark by any 
person who is allowed b y the proprietor of such  mark in accordance with  
the conditions prescribed  in the regulations governing the use of such 
mark.  
 52 
 Article 84 Special provisions for geographical certification mark  
Subparagraph 1 of Paragraph 1 and Paragraph 3 of Article 29 shall 
not apply to the name of place of origin  in a geographical certification 
mark.  
A registered geographical certificat ion 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 membership mark  
A collective membership mark  is a sign that serves to identify the 
membership of member s in an association, society or any other group 
which is  a juridical person  and distinguish such  member s from those who 
are not members . 
 
Article 86 Requ irements of application  for registr ation of  collective 
membership mark  
An application for registration of a collective membership mark  shall 
be made to the Registrar Office by filing an application containing  
relevant matters  and the regulations governing the u se of the collective 
membership mark . 
The regulations governing the use of the collective membership 
mark  referred to in Paragraph 1 shall specify  the following:  
(1) the qualification of the members,  
(2) the condition on the use of the collective memb ership mark ; 
(3) the method of manag ing and supervis ing the use of the 
collective membership mark ; and  53 
 (4) the provisions against  any violation of the regulations.  
 
Article 87 Use of collective membership mark  
“Use of a collective membership 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 other s who are not members.  
Wher e the collective  trade mark 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 character istic. 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  trade mark.  
 
Article 89 Requirements of application  for registr ation of  collective 
trade mark  
An application for registration of a collective trade mark shall be 
made to the Registrar Office by filing an application designating  goods or 
services  and the regulations governing the use of the collective 54 
 trade mark.  
The regulat ions governing the use of the collective trade mark 
referred to in Paragraph 1 shall specify the following:  
(1) the qualification of the members,  
(2) the condition on the use of the collective trade mark;  
(3) the method of managing and supervising the use of  the 
collective trade mark; 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 tradema rk shall also specify that any person from 
the corresponding geographical region  whose goods or services and 
qualifications comply with the condition s contained in such  regulations 
may be allowed to becom e a member of the group by the proprietor of 
the geo graphical collective trademark . 
The Registrar Office shall publish the r egistration of the c ollective  
trade 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 90 Use of collective  trade mark  
“Use of a collective  trade mark ” means  the use of such  mark by the 
group or any of its members  in accordance with  the conditions 
prescribed  in the regula tions governing the use of such  mark.  
 
Article 91 Provisions applied mutatis mutandis  to geographical 55 
 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 membership mark  or 
collective trademark shall not be transferr ed, licensed, or be the subject 
of a pledge , unless  such transfer  or license is unlikely to injure  the 
interests of consumers  or contravene fair competition and has been 
accept ed by the Registrar Office.  
 
Article 93 Special provisions for grounds for revocation  
The Registrar Office may, upon a request  by any person or ex officio , 
revoke the registration o f a certification mark, collective membership 
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 designat ed; 
(4) the proprietor of the certification mark discriminate s agains t 
those who apply for certification;  
(5) the proprietor of such trademark or mark transfers , licens es, or 
establishe s a pledge on the right of such  trademark  or mark which falls 
under  the preceding article;  56 
 (6) the proprietor of such trademark or mark  does  not manage or 
superv ise the use pursuant to  the regulations governing the use; or  
(7) the proprietor of such trademark or mark  uses such trademark 
or mark improper ly that is likely to cause damage to others or the public.  
The revocation shall also apply i n the case where the proprietor of 
the registered certification mark, collective membership 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 lice nsee.  
 
Article 94 Provisions applied mutatis mutandis  to certification mark, 
collective membership mark  and collective trademark  
Unless otherwise pr escrib ed in this Chapter, the provisions of this 
Act in relation to  a trademark shall apply mutatis mutandis  to a 
certification mark, collective membership mark  or collective trademark.  
 
Chapter  IV  Penal  Provisions  
 
Article 95 Penalty for trademark or collective trademark infringement  
Any person who commits any of the following acts , in the course of 
trade and without the consent of the proprietor of a registered 
trademark or collective trademark , shall be liable to imprison ment  for a 
period not exceeding  three years and/or a fine not exceeding  
NT$200,000:  
(1) using a trademark which is identical with the regist ered 
trademark or collective trademark in relation to goods or services which 
are identical with those for which it is registered;  57 
 (2) using a trademark which is  identical with the registered 
trademark or collective trademark and used in relation to goods or 
services similar to those for which the registered trademark or collective 
trademark is designated, and hence there exists a likelihood of confusion 
on relevant consumers; or  
(3) using a trademark wh ich is similar to the registered trademark or 
collecti ve trademark and used in relation to goods or services identical 
with or similar to those for which the registered trademark or collective 
trademark is designated, and hence there exists a likelihood of confusion 
on relevant consumers.  
 
Article 96 Penalty for certification mark infringement  
Any person who, in the course of trade and without the consent of 
the proprietor of a registered certification mark, uses a mark which is 
identical with or similar to the registered certification mark and used in 
relatio n to goods or services identical with or similar to those for which 
the registered certification mark is designated, and hence is likely to 
mislead relevant consumers shall be liable to imprisonment for a period 
not exceeding three years and/or a fine not exceeding NT$200,000 . 
Penalties  referred to in the preceding paragraph shall also apply to 
any person who sells or, due to an intent to sell, manufactures, possesses, 
displays labels, packaging, containers, or other articles to which a sign 
identical wi th or similar to another person’ s registered certification mark 
is applied, knowing that such articles would likely infringe rights of such 
certification mark as prescribed in the preceding paragraph.  
 58 
 Article 97 Penalty for sale or intent o f sale of infringi ng article  
Any person who knowingly sells or, due to an intent to sell, 
possesses, displays, exports, or imports another person ’s goods referred 
to in the preceding two articles shall be liable to imprisonment for a 
period not exceeding one years and/or a fine not exceeding NT$ 50,000 ; 
same penalties shall also apply to acts performed through  electronic 
media or on the Internet.  
 
Article 98 Independent confiscation  
All article s or document s that constitute infringement of rights in 
trademark, certification m ark, or collective trademark shall be 
confiscated, regardless of whether such article s or document s belong to 
the offender.  
 
Article 99 Right to sue of group other than juridical person  
An unrecognized foreign juridical person or group  may file a 
complaint , initiate a private prosecution, or institute a civil suit in respect 
of matters governed by this Act.  Same rights shall also be entitled by  a 
domestic group which is not a juridical person  and has acquired rights to 
a certification mark.  
 
Chapter  V Suppl ementary  Provisions  
 
Article 100 Transitional provision for service mark  
A service mark which was already registered prior to the 
enforcement of the articles of this Act amended on April 29, 2003 shall 
be deemed a trademark from the date of enforcement . 59 
  
Article 101 Transitional provision for abolishment of associated 
registration system  
An associated trademark, associated service mark, associated 
collective membership mark  or associated certification mark which was 
already registered prior to the enforceme nt of the articles of this Act 
amended on April 29, 2003 shall be deemed an independent registered 
trademark or mark from  the date  of enforcement ; the period  of right in 
such trademark or mark  shall be the same as which originally granted.  
 
Article 102 Transitional provision for abolishment of defensive 
registration system  
With respect to a defensive trademark, defensive service mark, 
defensive collective membership mark or defensive certification mark 
which is already registered before the enforcement of t he articles of this 
Act amended on April 29, 2003, the provisions in effect at the time of 
publication of registration of the said trademark or mark shall govern; 
rights of such trademark or mark shall be extinguished after the period 
of such rights expire d, unless the proprietor of such trademark or mark 
applies for changing such trademark or mark into an independent one 
before expiration.  
 
Article 103 Special provision for three -year period  of non -use 
With respect to the trademark or mark which has been c hanged 
into an independent one pursuant to  the preceding article, the 
three -year period as prescribed  in Subparagraph 2 of Paragraph 1 of 
Article 63 shall commence from the date  of change . 60 
  
Article 104 Trademark fees  
Any person who files an application for  registration , requests for 
renewal, recordal  of change, opposition, invalidation, revocation or any 
other proceedings under this Act shall pay the required fees of filing, 
registration, renewal, recordal  of change , opposition, invalidation or 
revocation.  
Standard s of Trademark  Fees referred to in the preceding paragraph 
shall be pr escribed  by the Competent Authority.  
 
Article 105 Transitional provision for abolishment of paying 
registration fees by two installments  
For those who chose to pay registration f ees by two installments  
and already paid the first installment  prior to  the enforcement of the 
articles of this Act amended  on May 31, 2011, the second installment 
shall be paid  pursuant to  the provisions in effect before the amendment . 
 
Article 106 Transi tional provisions for opposition and invalidation  
Registration of a trademark , against which a n opposition or 
invalidation ha d been a dmitte d but the disposition thereof ha d not been 
rendered prior to the enforcement of the articles of this Act amended  on 
May 31, 2011 , shall be cancelled only if such  registration  falls under  the 
provisions of cancellation in effect both at the time of registration and 
after the enforcement of the amendment to this Act; the proceedings 
thereof shall follow the provisions in effect after the said enforcement. 
However, proceedings which  had legally commenced prior to the said 
enforcement shall not be affected.  61 
 Paragraph 2 and 3 of Article 57 shall not apply to an invalidation 
which ha d been a dmitte d but the disposition thereof h ad not been 
rendered prior to the enforcement of the articles of this Act amended on 
May 31, 2011.  
A trademark, certification mark, or collective membership mark , 
which was registered prior to the enforcement of the articles of this Act 
amended on May 31, 2011  and against which a n opposition or 
invalidation was filed or submitt ed in a proposal after the said 
enforcement, shall be cancelled only if such  trademark or mark falls 
under provisions of cancellation in effect both at the time of registration 
and af ter the said enforcement.  
 
Article 107 Transitional provisions for revocation  
A revocation , of which the disposition had not been rendered prior 
to the enforcement of the articles of this Act amended on May 31, 2011 , 
shall be processed pursuant to the prov isions in effect after the said 
enforcement. However, proceedings that had legally commenced prior to 
the said enforcement shall not be affected.  
Paragraph 2 of Article 57 applicable mutatis mutandis  to Paragraph 
2 of Article 67 shall not apply to a revoca tion which ha d been a dmitt ed 
but the disposition thereof ha d not been rendered prior to the 
enforcement of the articles of this Act amended on May 31, 2011.  
 
Article 108 Special provision for date of filing  
With respect to an application for registering a motion, hologram, 
or any combination thereof as a trademark which was filed prior to the 
enforcement of the articles of this Act amended on May 31, 2011, the 62 
 date of the said enforcement shall be deemed the filing date of such 
application.  
 
Article 109 Special provisions for date of priority  
With respect to an application for registering a motion, hologram, 
or any combination thereof as a trademark with a priority claim, if the 
date of filing of the first such application in a country which has 
reciprocal r ecognition of priority rights with the ROC or with a member 
of the WTO was prior to the enforcement of the articles of this Act 
amended on May 31, 2011, the date of the said enforcement shall be 
deemed the priority date of such application.  
With respect to  an application with a claim of exhibition priority, if 
the date of the first display of goods or services under the trademark 
applied for, at an international exhibition which was held or officially 
recognized by the Government of the ROC, was prior to th e enforcement 
of the articles of this Act amended on May 31, 2011, the date of the said 
enforcement shall be deemed the date of exhibition priority of such 
application.  
 
Article 110 Enforcement Rules  
The Enforcement Rules of this Act shall be prescribed by  the 
competent authority.  
 
Article 111 Date of enforcement  
The date of enforcement of this Act  shall be decided by the 
Executive Yuan.