Since the publication date of a registered trademark, trademark rights shall be bestowed upon the applicant,and an identical or similar trademark that is designated for use on identical or similar goods (services) should not be bestowed upon any other one.

Yes, according to Trademark Act, the term of trademark rights is ten years. Renewal application can be filed 6 months before the term expiration (registration fee should be doubled if filed within 6 months after expiration) ,and a trademark term of ten years shall be provided per successful renewal. The trademark fails to renew shall ipso facto extinguish from the next day of the expiration .

1. After trademark registration, the right holder should file trademark application in required time to avoid the trademark being registered in other country, and the priority date shall be referred as the filing date of those claiming priority rights.
2. There are 4 important conditions to claim priority right: 1
   (1). A trademark applicant that has been filed in a country mutually recognizing priority right with the ROC. 2.
   (2). To file trademark applicant in ROC within six months counting from the next day of the first filing date .The claim of priority right shall be made at the same time as the application is filed, and the application shall clearly indicate the filing date of the basic application and the foreign country accepting the basic application.
   (3). The trademark filed for registration shall be the same with the basic application one.
   (4). The applicant shall submit, within three months from the next day of its filing date in the Republic of China, a certified copy of the application admitted by the said foreign country.

Yes. One application can designate multi-class for registration; however, the fee for filing and registration is the amount derived from the number of the classes of the designated goods and services . Besides, the applicant needs to pay additional government fee for division application. Therefore, we suggest to file application each class.

Yes. According to Trademark Act, an assignment of trademark right(s) shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.

Yes. A trademark right holder may license another person to use his/her trademark on part or whole of the designated goods or services thereof. Licensing shall be entered and recorded by the Registrar Office. An unrecorded entry shall have no locus standi against any third party.

In the case where any of the following conditions occurs after the registration of a trademark, the Registrar Office shall, ex officio or upon an application, revoke the said registration:

1. Where a trademark was self-altered or supplemented with additional notes whereby the trademark has caused likelihood of confusion to relevant consumers by being identical or similar to a registered trademark of another person of which is used on the same or similar goods or services;
2. Where, without valid reasons, a trademark has not yet been put into use or has been suspended from use continuously for three years after registration. However, the aforementioned shall not apply to one that is in use by a licensee;
3. Where no appropriate and distinguishing label(s) is affixed pursuant to Article 36. However, the aforementioned shall not apply to to those causing no likelihood of confusion by affixing distinguishing label(s) before disposition by the Registrat Office;
4. Where a trademark has become a common sign, name or shape of the goods or services as designated for the said trademark;
5. Where practicing a trademark causes likelihood to mislead the public with respect to the nature, quality or place of origin of the goods or services designated by the trademark; or
6. Where the use of the trademark has been affirmed by judgment of a court to infringe the copyrights, patent rights or other rights of another person.

If anyone considers the registration of a trademark violates relevant provisions of Trademark Act, he/she may file an opposition within three months from the publishing date of the said trademark.

Where the registration of a trademark violates relevant provisions of Trademark Act, a concerned party or a trademark examiner may request or inquire the Registrar Office to invalidate the said registration.