When examining trademark applications, intellectual property offices in Taiwan and most countries will use the trademark database to search and compare with the trademarks that have been registered, approved, or applied for earlier. When the same or similar circumstances exist, the examiner will reject the application according to law. When designing a trademark and before applying, it is best to conduct a trademark search to avoid obstacles to trademark registration. (Trademark Search Website: https://twtmsearch.tipo.gov.tw/OS0/OS0101.jsp)
The function of a trademark is to allow consumers to recognize and identify the source of goods or services, which is called "trademark identification". (Article 18, Paragraph 2 of the Trademark Law: Distinguishing means "enough to make the relevant consumers of the goods or services recognize the source of the goods or services and distinguish them from the goods or services of others".) (Trademark Distinctiveness Review benchmark: https://topic.tipo.gov.tw/trademarks-tw/cp-517-860259-f5cf9-201.html) In addition, We have professional visual designers who can assist clients in trademark design.
Trademark application / global layout
The trademark system in Taiwan is based on the principle of registration and protection. After applying for registration and obtaining trademark rights by the law, the trademark owner can exclude others from using the same or similar trademarks to designate the same or similar goods/ Service registration. If someone else infringes the trademark right or is in danger of infringing the trademark right, the trademark owner can request to exclude or prevent the infringement, and for the person who infringes the trademark right intentionally or negligently, he can also request compensation for damages.
Trademarks in various countries adopt territorialism and must be registered in that country to obtain protection.
Our lawyers have rich experience in trademark application/layout in various countries around the world and can assist clients in trademark application/layout around the world.
Through the official database of the trademark offices of various countries, the company's existing trademarks are inventoried, various trademark materials are sorted and proofread, and the period information, such as renewal and change, is recorded. All owners are reminded to go through the renewal, change, and other procedures promptly to maintain the validity of the trademark.
Two major functions of trademark monitoring:
1. Monitor competitors' trademark registrations and global layout strategies, grasp industry trends, and deploy ahead of time;
2. Monitor whether others apply for the registration of identical or similar trademarks, raise objections to the application within the legal time limit and prevent the illegal registration of trademark cockroaches and infringement of the legitimate trademark rights of enterprises.
Our lawyer team of us has rich experience in trademark monitoring in various countries around the world and can assist clients in trademark monitoring around the world.
After the trademark registration is successful, a 10-year exclusive period will be obtained; after the expiry of the exclusive period, an extension must be applied, and the exclusive period will be extended for another 10 years. If the extension is not processed at the expiration of the period, the trademark right will be extinguished.
Trademark Protection Litigation
Taiwan's trademark adopts the "post-registration opposition(註冊後異議)" system. No opposition can be raised during the application stage. Anyone can raise an opposition within 3 months from the date of the trademark approval announcement. For a registered trademark, any person who is negatively affected by the registration of the trademark may file an application for cancellation or assessment with the "Intellectual Property Office" if it meets the requirements of the Trademark Law.
If a trademark is counterfeited by others, you may seek civil and criminal remedies under the Trademark Law, and file a lawsuit by the law.
We have rich experience in trademark rights protection in various countries around the world and can assist clients in rights protection litigation around the world.
Trademark owners can apply to the customs for border protection of trademark rights, carry out import and export inspections based on the information provided by the applicants, prevent the import of counterfeit goods, reduce the occurrence of infringement incidents, and protect the rights and interests of trademark owners. All countries in the world have relevant systems, and we can assist clients to apply for intellectual property rights border protection around the world.
General agent and distribution contract in various countries
Franchising and Multilevel marketing
Franchising is a legitimate business activity with the following notable differences:
- The maturity of the product launched: Franchising activities require the enterprise to have a mature business model, and the products launched are products that have been tested by the market and have stable performance. The products of MLM organizations are often exaggerated and false propaganda and have no real market value, no stable user group, and no guarantee of product quality.
- The nature of the cooperative relationship is different from the contractual relationship. It is a commercial activity through the sale of products or intellectual property services, and profits are made in this way. In this process, both parties are in an equal contractual relationship. However, MLM is not aimed at a profit but expands through offline development to attract people. Instead, products are secondary and do not operate commodities.
- The value created by goods and services is different: in franchising activities, it is the goods and services applied to the market, and profits are obtained through the actual operation. However, MLM personnel often do not engage in social business activities, and participants obtain commissions through the development of offline numbers. This is neither selling goods nor creating any value for society.
- Different organizational structure: The organizational level of franchising, according to the law, generally only the franchisor and the franchisee as the organizational form. Under special circumstances, there are also special cases such as sub-franchisees. In addition, franchising prohibits the unauthorized sale of all resource commodities to others or organizations and must make obligations and agreements in the contract to clarify the qualifications of the franchisee or sub-franchisee. Otherwise, it is possible to be investigated for suspected pyramid schemes. In MLM organizations, to encourage the unrestricted development of members, the organization levels are very many and messy, and there are even criminal acts of mutual deception among relatives and friends.
- Different business entities: According to relevant laws and regulations, the entity of franchise must be an enterprise. Only enterprises can apply for the franchise record of competent authorities, not individuals. However, in MLM, the participants are mainly engaged in offline operations in the form of attracting each other.