IP/N/1/TPKM/T/5  
 
11 March 2014  
(14-1475)  Page: 1/35  
Council for Trade-Related Aspects 
of Intellectual Property Rights 
 Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , KINMEN AND MATSU 
The present document reproduces the text1 of the Enforcement Rules of the Trademark Act  which 
entered into force on 29 June 2012 as last amended on that date, notified by the Separate 
Customs Territory of Taiwan, Penghu, Kinmen an d Matsu, under Article 63.2 of the Agreement 
(see document IP/N/1/TPKM/5). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
T
ERRITOIRE DOUANIER DISTINCT DE TAIWAN , PENGHU , KINMEN ET MATSU 
Le présent document contient le texte1 du Règlement d'application de la Loi sur les marques de 
fabrique ou de commerce entré en vigueur le 29 juin 2012, tel que modifié pour la dernière fois à 
cette date, qui a été notifié par le Territoire douanier distinct de Taiwan, Penghu, Kinmen et Matsu 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TPKM/5). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
T
ERRITORIO ADUANERO DISTINTO DE TAIWÁN , PENGHU , KINMEN Y MATSU 
En el presente documento se reproduce el texto1 del Reglamento de aplicación de la Ley de Marcas 
de Fábrica o de Comercio, que entró en vigor el 29 de junio de 2012 con las últimas modificaciones introducidas en esa fecha, notificado por el Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu de conformidad con lo dispuesto en  el párrafo 2 del artículo 63 del Acuerdo (véase 
el documento IP/N/1/TPKM/5). 
                                               
 1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte, dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original.  IP/N/1/TPKM/T/5 
 
- 2 - 
 
  PP 3-35 - Offset (Pdf file attached) 
PP 3 à 35 - Offset (fichier Pdf joint) PP 3-35 - Offset (fichero Pdf adjunto) 
 
  
 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   
 
IP/N/1/TPKM/T/5 
        - 3 - 
 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 app lication 
Rule 13   Representation of the trademark  
Rule 14   Color trademarks  
Rule 15   Three -dimensional trademarks  
Rule 1 6  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  Provisions applied mutatis mutandis  to calculation of the 
IP/N/1/TPKM/T/5 
        - 4 - 
 six-month exhibition pri ority  
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 acquir ed 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 juridica l person, business 
or any group”  
Rule 33   The effect of giving a letter of consent on the persons 
who do so  
Rule 34   Time limits for submitting opinion on intended refusal  
Chapter III  Trademark Rights  
Rule 35   Renewal of the registration  
Rule 36   Division of registration  
Rule 37   Provisions applied mutatis mutandis  to change and 
correction of the registration  
Rule 38   Recordal of the license  
Rule 39   Recordal of the transfer  
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 
IP/N/1/TPKM/T/5 
        - 5 - 
 opposition  
Rule 43   Oppos ition 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 dispositi on 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 certification mark  
Rule 48   Provisions ap plied 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  
 
 
IP/N/1/TPKM/T/5 
        - 6 - 
 Chapter I General Provisions 
 
Rule  1  The law conferring the authority to establish these Rules  
These Rules are formulated pursuant to Article 110 of the 
Trademark Act (hereinafter referred to as “t he 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 Registrar Office may give the applicant 
a notice to furnish  his/her identif ication 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 Office may giv e a notice  to furnish a full or 
excerpted Chinese translation the reof if it deems necessary.  
 
Rule  4  Documents of proof  
Any document of proof submitt ed pursuant to  the Act or these 
IP/N/1/TPKM/T/5 
        - 7 - 
 Rules shall be original.  However , copies of the original may be used 
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 
statement  that the copy and the original  are identical . In order to check 
the auth enticity 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. 
Subparagraph 2 of the preceding paragraph shall not apply to the 
documents of proof for rights of priority and exhibition priority.  
 
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, changes, 
oppositions, invalidations, revocations and other relevant procedures. 
Any change to the power delegated to the agent shall have no effect 
if a written notice thereof is not submitted to  the R egistrar Office.  
Any change in the agent ’s address for service 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 
dele gated to him. However , the right to appoint and remove an agent, 
IP/N/1/TPKM/T/5 
        - 8 - 
 restrict the designated goods or services in an application or registration, 
withdraw an application or abandon a trademark right may only be 
carried out if the powers to that effect have bee n delegated . 
 
Rule  7  The meaning of “not amended within the period specified 
in a notice”  
The statement “not amended within the period specified in a 
notice” as prescribed in  Paragraph 1 of Article 8 of the Act refers to the  
circumstance where amendment  has not been made within the specified 
period or where the amendment made within the specified period  was 
incomplete.  
 
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 requested by the party concerned and the request is 
submitted to the Registrar Office, with the statement of the reason and 
the period of extension, before the original period expired.  
 
Rule  9  Restorat ion to the status quo ante  
While request ing for restoration to the status quo ante  pursuant to  
Paragraph 2 of Article 8 of the Act, the applicant, holder or other 
interested person shall submit a written statement 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 . 
 
IP/N/1/TPKM/T/5 
        - 9 - 
 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 
registration ; 
(2) the application number and the filing date  of the application;  
(3) the name and address of  domicile or business establishment of 
the proprietor of a registered trademark ; 
(4) the name of the trademark agent ; 
(5) an indicat ion 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 rep roduction and t he description of the 
trademark ; 
(7) the list 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 trademark 
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 ser vices, the list of such goods 
or se rvices and the classes thereof;  
IP/N/1/TPKM/T/5 
        - 10 - 
 (12) where the trademark right is divided, the original registration in 
the Register  shall contain the registration numbers of the divisional 
registrations , and the divisional registrations  in the Register  shall contain 
the registration number of the original registration  as well as the entries 
of the original registration  in the Register;  
(13) the list of goods or services rest ricted and the classes thereof;  
(14) the name and domicile or bu siness establishment  of the  
transferee  of the trademark right, as well as its trademark agent; 
(15) the name of the licensee; where the license is exclusive or 
non-exclusive, that fact ; the date when the license took effect and, if any, 
will be terminated ; where the license is for some of the designated 
goods or services for which such trademark is registered  and for a 
particular locality, the list of such goods or services , the classes thereof  
and the name of that locality . These  provisions s hall also appl y to 
sub-license;  
(16) the name of the pledgee and the amount 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 revo cation 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 execution 
or insolvency proceedings noticed by courts or adm inistrative execution 
agencies;  
IP/N/1/TPKM/T/5 
        - 11 - 
 (22) any other particulars relevant to trademark rights and all  other 
particulars prescribed by acts or regulatio ns. 
 
Rule  11  Trademark Gazette  
The entries made in the Trademark 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 b e made by filing a 
written application containing a statement of the mark as a trademark, a 
certification mark, a collective membership mark  or a collective 
trademark, as well as the type of the mark, and specifying the following:  
(1) the name, address of domicile or business 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 reprod uction 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 t he priority right is claimed pursuant to Article 20 of the 
Act, the date of filing the first application, the country or the member of 
IP/N/1/TPKM/T/5 
        - 12 - 
 the WTO in which the first application was made, and the application 
number of the first application;  
(9) where the exhib ition priority is claimed pursuant to Article 21 of 
the Act, the date of the first display of the goods or services and the 
name of the exhibition;  
(10) where  Paragraph 3 of Article 29 or Paragraph 4 of Article 30 of 
the Act is applicable, the disclaimer . 
 
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 paragraph refers to  the 
explanation of the trademark itself and the manner in which  the 
trademark is used on the goods or services. 
A specimen as prescribed  in the first paragraph refers to  the sample  
of the trademark or the electronic data carrier that contains the stored 
representation of the trademark.  
 
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 
IP/N/1/TPKM/T/5 
        - 13 - 
 consist of a sample of the color or colors. The reproduction may use 
broken lines to show the manner, placement or context in which the 
color is or the colors are used on the designated goods or services.  
The applicant shall furnish a descr iption indicating the color or 
colors and the manner in whic h it is or they are used 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 not  more than six views depicting the 
three -dimensional shape.  
The reproduction under the preceding paragraph may use broken 
lines to show the manner, placement or context in which the 
three -dime nsional 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 trademarks  
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 i mages 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 
IP/N/1/TPKM/T/5 
        - 14 - 
 format published by the Registrar Office.  
 
Rule  17  Hologram trademarks  
Where the appli cation contains a statement to the effect that the 
trademark 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 change 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 trade mark, 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 mu sical score, the reproduction shall be the written 
explanation  of the sound.  
While the reproduction is a  musical notation on a stave or a 
numerical musical score under the preceding paragraph, the applicant 
shall furnish  a description of the trademark.  
The applicant shall furnish  an electronic data carrier which 
conforms to the format published by the Registrar Office.  
 
Rule  19  List of goods and services  
While applying for a trademark registration, the applicant shall 
IP/N/1/TPKM/T/5 
        - 15 - 
 designate the class(es) of goods or services in the order listed in the 
Table of Classification of Goods and Services (please see the Schedule for 
details), and shall specifically list the names of the goods or services.  
For trademarks that are registered prior to the amendment to the 
Table of Classification of Goods and Services, the class of goods or 
services for which a trademark is designated shall be th at as registered. 
For trademarks that ha ve not been registered, the class of goods or 
services for which a trademark is designated shall be th at 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 applic ation 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 filing date as prescribed in Paragraph 2 of Article 19  of the 
Act. 
 
Rule 21   Documents of proof of exhibition priorit y 
Where an application is filed with a claim f or exhibition priority  
pursuant to Article 21 of the Act , the applicant shall submit a certificate 
issued at the exhibition by the host of the exhibition.  
The certificate referred to  in the preceding paragraph shall declare  
the following:  
(1) the name of the exhibition and it s venue , the name of the host 
of such exhibition, and the date of the first display of the goods or 
services; 
IP/N/1/TPKM/T/5 
        - 16 - 
 (2) the name of the participant and his/her  goods or services 
displayed at the e xhibition; 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 exhibit ion priority  
Where an application is filed with a claim for exhibition priority  
pursuant to Article 21 of the Act , Rule  20 shall apply mutatis mutandis  to 
the period of six months from the day following  the date of the first 
display of goods or services  of such application . 
 
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 
Article 23 of the Act refers to  any of the following:  
(1) deletion of an e lement devoid of distinctiveness  or likely to 
IP/N/1/TPKM/T/5 
        - 17 - 
 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, o r any other purely 
informational  matter;  
(3) deletion of the internationally used symbol for a trademark or a 
trademark registration (the letter R enclosed within a circle) ; or 
(4) a change that uses broken lines to indicate elements that are not 
part of t he 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 pro ven by documents.  
A request referred to in the preceding paragraph shall be filed for a 
single application for  registration . A single request shall be sufficient 
even where the change relates to more than one application , provided 
that the particulars chan ged are the same for each application . 
 
Rule  26  Correction of the application  
Where a correction of errors in the particulars of an application for 
trademark registration is requested pursuant to Article 25 of the Act, the 
IP/N/1/TPKM/T/5 
        - 18 - 
 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 registration shall be 
made by filing a written request indicating how many parts will the 
original application be divide d into and the designated goods or services 
to be included in  each division al application, as well as furnishing each 
divisional application with a copy of the written request and related 
documents of the original application.  
The designated goods or servi ces to be included in each divisional 
application  shall not overlap or go beyond  the scope of designated goods 
or services of the original application. 
Where a  request  for division of  an application for registration  was 
filed after the registration was acc epted 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 applicant due to  transfer of rights derived 
from an application for trademark registration pursuant to Article 27 of 
the Act shall be made by filing a written request, as well as furnishing the 
contract or any other documents of proof of such transfer.  
A request referred to in the preceding paragraph shall be filed for a 
single application for registration. A single request shall be sufficient 
even where the change relates to more than one application, provided 
IP/N/1/TPKM/T/5 
        - 19 - 
 that the applicant and the transf eree are the same for 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 P aragraph 2 of Article 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 ref ers to the 
circumstance where there is objective proof of a sign capable of being 
commonly recognized by the relevant enterprises or consumers . 
 
IP/N/1/TPKM/T/5 
        - 20 - 
 Rule  32  The meaning of “the name of a juridical person, business 
or any group”  
The term “the name of a juridic al 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 registration had 
been given pursuant to the provisos of Subparagraphs 10 to 15 of 
Paragraph 1 of Article 30 of the Act, if afterward the person who 
consented to such earlier filed trademark files an application for 
registration of a trademar k 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 co nsents 
to the application 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 Sub paragraph 2 of Article 
31 of the Act shall, when the domicile or business establishment of the 
applicant is in the territory of the ROC, be one month, or, when those 
conditions are not fulfilled, two months.  
The applicant may request to extend the period r eferred to in the 
preceding paragraph by submitting a written statement clarifying the 
reason . The extension of such period may, when the domicile or business 
IP/N/1/TPKM/T/5 
        - 21 - 
 establishment of the applicant is in the territory of the ROC, be granted 
for one month, or, when  those conditions are not fulfilled, two months.  
Where the applicant requests for further extension of the period 
referred to in the preceding paragraph, the Registrar Office may, when it 
is appropriate according  to the deficiencies to be remed ied, the rea son 
for further extension 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 trad emark 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 interests 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 mutatis  mutandis  to a 
request of division of a registration. 
Where the division of a registration is accepted, a trademark 
certificate shall be issued for each divisional registration by the Registrar 
Office.  
 
IP/N/1/TPKM/T/5 
        - 22 - 
 Rule  37  Provisions applied mutatis mutandis  to change and 
correction of the registration  
Rules 25 and 26 shall apply mutatis  mutandis  to a request of any 
change or correction of the particulars of a trademark registration . 
 
Rule  38  Recordal of the license  
A request to record  a trademark license in the Register shall be 
made by the proprietor of the registere d trademark  or the licensee by 
filing a written request  specif ying the following:  
(1) the name , address  of domicile or business establishment , and  
nationality or locality of the proprietor of such registered trademark  and 
the licensee,  and, if any, the nam e 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 to ok effect and, if any, will be 
terminated;  
(6) where the license is for some of the designated goods or 
services for which such trademark  is registered , the list of such goods or 
services and the classes thereof;  
(7) where the license is for a particular l ocality , the name of that 
locality.  
Where the recordal of license in the Register referred to in the 
preceding paragraph is requested by the licensee, the licensing contract 
or any other document to prove such license shall be submitted; where 
the recordal  of license in the Register is requested by the proprietor of 
IP/N/1/TPKM/T/5 
        - 23 - 
 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 relates to more than one registration, provided that the  
proprietor  and the licensee are the same for all registrations, all of t he 
designated goods or services are licensed to be used in the same locality 
for all registrations, and the expiry dates of the license with respect to  all 
registrations are the same or no expiry date of the license has been 
arranged by both parties for al l registrations . 
The th ree preceding paragraphs shall apply mutatis mutandis  to a 
request to record  a trademark sub -license in the Register . 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 respect 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 request, as well as furnishing the 
contract or any other document of proof of such transfer.  
A request referred to in the preced ing paragraph shall be filed for a 
single registration. A single request shall be sufficient even where the 
transfer  relates to more than one registration, provided that the 
IP/N/1/TPKM/T/5 
        - 24 - 
 proprietor  and the transferee are the same for each registration . 
 
Rule 40   Record al of the pledge  
A request to record an establishment, change, or extinguishment of 
a pledge of trademark right in the Register shall be made by the 
proprietor of such registered trademark or the pledgee by filing a written 
request, and, according to the m atter 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 has 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 written request.  
 
Rule  41  Request to issue a replacement certificate or re -issue one  
A request to issue a replacement registratio n certificate or re -issue 
a registration certificate of a registration  may be made by the proprietor 
IP/N/1/TPKM/T/5 
        - 25 - 
 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 pa ragraph, 
the original registration certificate shall be published for nullification in 
the Trademark Gazette.  
 
Rule  42  Amendments to 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 change or add the facts and grounds on which 
the opposition is based within three months from the day following  the 
date of publi cation 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.  
 
Rule  44  Filing opposition against a registered trademark after the 
IP/N/1/TPKM/T/5 
        - 26 - 
 division of reg istration 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 designat e 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, reques t for a refund with the 
receipt of the payment.  
 
Rule  45  Before rendering the disposition of opposition, the division 
of the opposed 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 of 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.  
 
Chapter IV Certification Mark, Collective Membership Mark and 
IP/N/1/TPKM/T/5 
        - 27 - 
 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 super vision 
and control.  
 
Rule  48  Provisions applied mutatis mutandis to certification mark, 
collective membership mark and collective trademark  
The provisions  relating to trademarks in these Rules shall apply 
mutatis mutandis  to certification marks, collectiv e 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 re quest for 
trademark related matters  shall do so within one month  from the day 
following the date when the disposition of such application 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 
the Registrar Office if such person failed to do so within the prescribed 
IP/N/1/TPKM/T/5 
        - 28 - 
 period.  
 
Rule  50  Entry into force  
These Rules shall come into effect f rom the date of promulgation.  
 
IP/N/1/TPKM/T/5 
        - 29 - 
  
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 agri culture, horticulture and forestry; 
unprocessed artificial resins, unprocessed plastics; 
manures; fire extinguishing compositions; tempering and 
soldering preparations; chemical substances for preserving 
foodstuffs; tanning substances; adhesives used in in dustry.  
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 painters, 
decorators, printers and artists.  
Class 3  Bleaching preparati ons and other substances for laundry 
use; cleaning, polishing, scouring and abrasive 
preparations; soaps; perfumery, essential oils, cosmetics, 
hair lotions; 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  Pharmaceutical and veterinary preparations; sanitary 
preparations for medical purposes; dietetic food and 
substances adapted for medical or veterinary u se, food for 
babies; dietary supplements for humans and animals; 
plasters, materials for dressings; material for stopping 
IP/N/1/TPKM/T/5 
        - 30 - 
 teeth, dental wax; disinfectants; preparations for 
destroying vermin; fungicides, herbicides.  
Class 6  Common metals and their alloys;  metal building materials; 
transportable buildings of metal; materials of metal for 
railway tracks; non -electric cables and wires of common 
metal; ironmongery, small items of metal hardware; pipes 
and tubes of metal; safes; goods of common metal not 
includ ed in other classes; ores.  
Class 7  Common metals and their alloys; metal building materials; 
transportable buildings of metal; materials of metal for 
railway tracks; non -electric cables and wires of common 
metal; ironmongery, small items of metal hardware ; pipes 
and tubes of metal; safes; goods of common metal not 
included in other classes; ores.  
Class 8  Hand tools and implements (hand -operated); cutlery; 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 
conducting, switching, transforming, accumulating, 
regulating or controlling electricity; apparatus for 
recording, tra nsmission 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, 
IP/N/1/TPKM/T/5 
        - 31 - 
 computers ; computer software; fire -extinguishing 
apparatus.  
Class 10  Surgical, medical, dental and veterinary apparatus and 
instruments, artificial limbs, eyes and teeth; orthopedic 
articles; suture materials.  
Class 11  Apparatus for lighting, heating, steam gener ating, 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; explosives; 
fireworks.  
Class 14  Precious metals and  their alloys and goods in precious 
metals or coated therewith, not included in other classes; 
jewellery, precious stones; horological and chronometric 
instruments.  
Class 15  Musical instruments.  
Class 16  Paper, cardboard and goods made from these materia ls, 
not included in other classes; printed matter; bookbinding 
material; photographs; stationery; adhesives for stationery 
or household purposes; artists' materials; paint brushes; 
typewriters and office requisites (except furniture); 
instructional and tea ching material (except apparatus); 
plastic materials for packaging (not included in other 
classes); printers' type; printing blocks.  
Class 17  Rubber, gutta -percha, gum, asbestos, mica and goods 
made from these materials and not included in other 
classes; plastics in extruded form for use in manufacture; 
IP/N/1/TPKM/T/5 
        - 32 - 
 packing, stopping and insulating materials; flexible pipes, 
not of metal.  
Class 18  Leather and imitations of leather, and goods made of 
these materials and not included in other classes; animal 
skins, hide s; trunks and travelling bags; umbrellas and 
parasols; walking sticks; whips, harness and saddlery.  
Class 19  Building materials (non -metallic); non -metallic rigid pipes 
for building; asphalt, pitch and bitumen; non -metallic 
transportable buildings; monume nts, not of metal.  
Class 20  Furniture, mirrors, picture frames; goods (not included in 
other classes) of wood, cork, reed, cane, wicker, horn, 
bone, ivory, whalebone, shell, amber, mother -of-pearl, 
meerschaum and substitutes for all these materials, or of  
plastics.  
Class 21  Household or kitchen utensils and containers; combs and 
sponges; brushes (except paint brushes); brush -making 
materials; articles for cleaning purposes; steelwool; 
unworked or semi -worked glass (except glass used in 
building); glasswar e, porcelain and earthenware not 
included in other classes.  
Class 22  Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks 
and bags (not included in other classes);  padding and 
stuffing materials (except of rubber or plastics);  raw 
fibrous textile  materials.  
Class 23  Yarns and threads, for textile use.  
Class 24  Textiles and textile goods, not included in other classes;  
bed covers;  table covers.  
IP/N/1/TPKM/T/5 
        - 33 - 
 Class 25  Clothing, footwear, headgear.  
Class 26  Lace and embroidery, ribbons and braid;  buttons, hook s 
and eyes, pins and needles;  artificial flowers.  
Class 27  Carpets, rugs, mats and matting, linoleum and other 
materials for covering existing floors;  wall hangings 
(non -textile).  
Class 28  Games and playthings;  gymnastic and sporting articles not 
include d in other classes;  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;  tapioca and 
sago;  flour and preparations made from cereals;  bread, 
pastry and confectionery;  ices;  sugar, honey, treacle;  yeast, 
baking -powder;  salt; mustard;  vinegar, sauces 
(condiments);  spices;  ice. 
Class 3 1 Grains and agricultural, horticultural and forestry products 
not included in other classes;  live animals;  fresh fruits and 
vegetables;  seeds;  natural plants and flowers;  foodstuffs 
for animals;  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.  
Services  
IP/N/1/TPKM/T/5 
        - 34 - 
 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 relatin g thereto;  industrial analysis and research 
services;  design and development of computer hardware 
and software.  
Class 43  Services for providing food and drink;  temporary 
accommodation.  
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 protection of 
property and individuals; personal and social services 
rendered by others to meet the needs of individuals.  
 
 
__________  
IP/N/1/TPKM/T/5 
        - 35 -