Trademark law

Signs and elements required for a trademark to be registered

Under the Trademark Law, an application for trademark registration may be filed for any visible mark including word, design, letter, number, 3D (three-dimension) mark or color combination, or the combination of the elements above mentioned, that can distinguish the commodities of the natural person, legal person or other organization from those of others.

The Trademark Law stresses two points:

1. The trademark for which an application for registration is filed shall have distinctive and identifiable, and may not conflict with the legal rights acquired by others in priority. The application for registration and the use of a trademark shall be made in good faith. A trademark registrant has the right to mark the words “Registered trademark” or a sign indicating that the trademark is registered.

2. The following marks may not be registered as trademarks: those which are the generic names, designs and models of the commodities concerned; those simply directly indicating the quality, main raw materials, functions, use, weight, quantity or other characteristics of the commodities concerned; and those lacking distinctive characteristics.

3. In case of application for trademark registration on 3D marks, the registration shall not be granted if the figures are generated simply by the nature of the commodities, the commodity figures are needed for technical effects or the figures make the commodities become substantially valuable.