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Article 1
These Regulations are prescribed pursuant to Paragraph 4 of Article 6 of the Trademark Act
(hereinafter as the Act).
Article 2
The Registrar Office may commission other agencies (institutes), organizations or schools to hold
the Trademark Professional Capability Certification Examination as prescribed in Paragraph 3 of
Article 6 of the Act.
The Trademark Professional Capability Certification Examination, as prescribed in the preceding
paragraph, shall be held annually or biennially. However, as circumstances may require, such
Examinations can be held more or less frequently or suspended. The dates, ways and requirements
of application, subjects and scopes, scores calculation, qualified criteria, ways to notify the results
and other related matters of the Examination shall be published by the Registrar Office two months
prior to the date of the Examination.
Agencies (institutes), organizations or schools that have been commissioned as prescribed in
Paragraph 1 shall notify the Registrar Office of the list of qualified candidates and their certificate
numbers within a month after the Examination.
Article 3
Agencies (institutes), organizations or schools that have been commissioned as prescribed in the
preceding article shall possess any of the following qualifications:
1. agencies (institutes) or organizations that are capable of intellectual property professional
capability training, and have held on their own or been commissioned by the Registrar Office to
hold such training; or
2. universities or schools that are of the level of junior college or above, which have colleges
related to intellectual properties, and have held on their own or been commissioned by the
Registrar Office to hold intellectual property professional capability training.
Article 4
A trademark agent applying for registration pursuant to Paragraph 3 of Article 6 of the Act shall
possess any of the following qualifications:
1. successfully qualified in each subject and passed the Trademark Professional Capability
Certification Examination with a certificate; or
2. has been a trademark examiner in the Registrar Office pursuant to Article 14 of the Act for at
least ten years with proof of excellent performance.
A trademark agent who was successfully qualified in each subject and passed the Trademark
Professional Capability Certification Examination commissioned by the Registrar Office prior to
the enforcement of the articles of this Act amended on May 9, 2023, with the effective certificate
on the date of applying for registration shall be deemed possession of the qualification as
prescribed in Subparagraph 1 of the preceding paragraph.
A trademark agent who was successfully qualified in at least one subject of the Trademark
Professional Capability Certification Examination commissioned by the Registrar Office during
the period of three years preceding the date of the enforcement of the articles of this Act amended
on May 9, 2023, shall be deemed possession of the qualification as prescribed in Subparagraph 1
of Paragraph 1 if he/she is successfully qualified in the rest of subjects of the Examination with
certificate within a period of three years after the date of the said enforcement.
Article 5
An application for trademark agent registration pursuant to Paragraph 3 of Article 6 or Paragraph 1
of Article 109-1 of the Act shall be made to the Registrar Office by submitting an application
containing a two-inch, frontal, half-length, without-hat and taken-in-half-year photograph and
identification documents of the applicant, as well as furnishing any of the following documents,
according to the qualification to be based on:
1. certificates of successfully qualified in each subject and passing the Trademark Professional
Capability Certification Examination;
2. Proof of excellent performance as a trademark examiner in the Registrar Office for at least ten
years; or
3. a list of cases in accordance with Paragraph 1 of Article 109-1 of the Act.
Proving Documents, as prescribed in Subparagraphs 1 and 2 of the preceding paragraph, may be
replaced by copies if the applicant has made a statement that the copies and the originals are
identical.
In order to check the authenticity of the copies, the Registrar Office may give such applicants a
notice to submit the originals and have them returned after the authenticity has been checked.
Article 6
A trademark agent who may apply for registration pursuant to Paragraph 1 of Article 109-1 of the
Act and failed to do so within a period of one year from the day following the date of the
enforcement of the articles of the Act amended on May 9, 2023, may handle trademark related
matters in accordance with Paragraphs 2 and 3 of Article 6 of the Act, unless prescribed in the
proviso of Paragraph 2 of Article 109-1 of the Act.
Article 7
Any person with any of the following circumstances shall not be registered as a trademark agent;
where he/she is registered shall be cancelled:
1. having been convicted of a crime as a result of engaging in professional services and sentenced
to a term of imprisonment of one year or more, except where one has been released on “probation,”
or one's conviction(s) involved a “non-intentional” crime;
2. a person who has no or is limited in capacity to make juridical acts, or is the subject to the order
of commencement of assistantship which has not been revoked;
3. a person who has been declared bankrupt, or begun liquidation proceedings following court
orders, and has not resumed his/her rights; or
4. a person who is convicted of a public security penalty with the penalty to be enforced, or
enforced but not completed, or completed within the past two years.
Article 8
An application for trademark agent registration shall be inadmissible if the applicant has failed to
comply within the statutory period, to conform to legal formality that cannot be amended, or to
conform to legal formality that is not amended within the period specified in a notice.
An application for trademark agent registration shall be accepted by the Registrar Office if, after
examination, required documents are furnished and the applicant is qualified, as well as none of
the grounds for refusal prescribed in the preceding article and Paragraph 2 of Article 20 is found to
exist, and the related information shall be entered in the Trademark Agent Register.
Article 9
Annual on-the-job training, which a trademark agent shall complete pursuant to Paragraph 3 of
Article 6 of the Act, is at least six hours. The types of activities used to calculate the hours of
participation include activities that are related to trademark professional capability and are hosted
by the Registrar Office or agencies (institutes), organizations or schools that possess any
qualifications prescribed in Article 3, such as courses, seminars, information sessions, public
hearings, symposiums, or consultation meetings, and so forth. The actual number of hours shall be
calculated for participation or being in service as a speaker, a discussant or a moderator of said
activities.
For activities of annual on-the-job training hosted by the Registrar Office, the hours of activities
prescribed in the preceding paragraph shall be recorded by the Registrar Office; for activities
hosted by agencies (institutes), organizations or schools which possess any qualifications
prescribed in Article 3, trademark agents who are the participants, speakers, discussant or
moderators, or such agencies (institutes), organizations or schools shall notify the Registrar Office
of the dates, topics, hosts, hours and proving documents of the training courses for recordation
within a month after the training concluded.
Article 10
A registered trademark agent shall finish the on-the-job training hours prescribed in the preceding
article annually, starting from next January 1 after registration.
The Registrar Office shall, by the end of every March, complete an inspection on the trademark
agents who fall short of the minimum on-the-job training hours.
The Registrar Office shall notify a trademark agent who falls short of the minimum on-the-job
training hours as prescribed in Paragraph 1 of the preceding article to make up for the hours within
three months or, if not, be suspended from practicing for a period from six months to a year.
Article 11
A registered trademark agent who wishes to suspend practicing for more than six months may
apply for removal of registration.
Before applying for removal of registration, a trademark agent shall notify the clients who appoint
him/her to apply for trademark registration and other procedures, where the dispositions are not
rendered, of the fact that he/she is unable to practice, as well as submit to the Registrar Office a
request for dismissal or change of agent.
A removed trademark agent who wishes to practice may, after the cause of removal vanishes,
submit to the Registrar Office an application for restoration to practice. If, after examination, the
application is accepted, the date of restoration to practice and the number of the acceptance
disposition shall be entered in the Trademark Agent Register. However, a trademark agent removed
from the Register for more than three years shall not apply for restoration to practice and, instead,
shall follow the procedures in accordance with Articles 4 and 5.
Article 12
Trademark related matters that a trademark agent can handle are as follows:
1. matters involving trademark application for registration;
2. matters involving trademark opposition, invalidation and revocation procedures;
3. matters involving abandonment or renewal;
4. matters involving entry of change, division, license, transfer, trust, pledge and others in the
Register;
5. consultations on applications for trademark registration and other procedures or drafting related
documents; and
6. other trademark related matters prescribed in accordance with the Act and the Enforcement
Rules thereof.
When handling trademark related matters involving business activities administered by other target
business competent authorities, a trademark agent shall comply with the relevant provisions set out
under the applicable laws and regulations as stipulated and enforced by the respective competent
authorities in charge of different businesses.
Article 13
A trademark agent is prohibited from accepting appointments in the following situations:
1. instances where he/she or another trademark agent in his/her firm has previously accepted an
appointment of the same or essentially related trademark matter from a respondent party to his/her
or their client;
2. instances where the same or essentially related trademark matter had been previously handled
while employed at an administrative agency or the court;
3. instances where the same or essentially related trademark matter had been previously appointed
by an administrative agency or the court; or
4. instances where more than one client whose interests are in conflict with each other.
A trademark agent shall not be appointed simultaneously or successively by both sides of a dispute,
or simultaneously by parties on the same side of a dispute whose interests are in conflict with each
other.
Article 14
When handling trademark related matters, a trademark agent shall not engage in the following
conducts:
1. deceiving, beguiling or intimidating acts toward a staff of the Registrar Office or his/her client;
2. explicitly or implicitly expressing that he/she has a special connection or influence with the
authority;
3. soliciting business engagement by harassing the public or other improper means;
4. soliciting business engagement by using exaggerated, false, or misleading propaganda;
5. disclosing or appropriating the content of the appointed cases;
6. furnishing evidence by fraud, counterfeit, alteration or other improper means;
7. allowing others to practice as a trademark agent under his/her name; or
8. failing to demonstrate due diligence as a good manager when handling trademark related
matters and thus causing any damage to his/her client.
Article 15
A trademark agent who violates the preceding two articles or is sentenced under the criminal
judgment because of a crime committed relevant to the profession shall be subject to actions in the
form of a warning, a reprimand, suspension from practicing, or cancellation or revocation of the
trademark agent registration as actual situations may justify.
A trademark agent, who is subject to actions in the form of a warning for three times in
accumulation, is regarded as subject to actions in the form of a reprimand. A trademark agent, who
is subject to actions in the form of a reprimand for three times in accumulation, shall be subject to
actions in the form of suspension from practicing for a period from two months to two years.
Once actions in the form of a warning, a reprimand, suspension from practicing, or cancellation or
revocation of the trademark agent registration become final, the facts, grounds and duration shall
be published on the Trademark Agent Register by the Registrar Office.
Article 16
The registration of a trademark agent who has any of the following circumstances shall be revoked
by the Registrar Office:
1. a registered trademark agent who has any circumstances as prescribed in Article 7;
2. being subject to actions in the form of suspension from practicing for a period of three years in
accumulation; or
3. notified by the Registrar Office, due to falling short of the minimum on-the-job training hours as
prescribed in Paragraph 1 of Article 9, to be suspended from practicing for a period and, after the
said period expires, still hasn’t made up for the hours.
Article 17
When a trademark agent is deceased, interested parties may apply for revocation of such trademark
agent registration to the Registrar Office.
In the case that the Registrar Office is acquainted with the matters stated in the previous paragraph,
revocation of such trademark agent registration shall be undertaken ex officio.
Article 18
A trademark agent who is subject to actions in the form of a warning, a reprimand, suspension
from practicing, or cancellation or revocation of the trademark agent registration shall actively
notify his/her clients of the said actions.
After the actions as prescribed in the preceding paragraph are published, such trademark agent
shall cease to be a trademark agent of his/her clients who appointed him/her before the date of the
said publication to apply for trademark registration and other procedures.
As prescribed in the preceding paragraph, the Registrar Office shall notify such trademark agent
and his/her clients whose applications for trademark registration and other procedures are admitted
and the dispositions thereof have not been rendered. Applicants who have no domicile or business
establishment in the territory of the ROC shall appoint other agents within the prescribed period.
Article 19
Once actions in the form of suspension from practicing become final, during the period of such
published suspension, such person shall not practice as a trademark agent or handle trademark
related matters.
After the period of suspension expires, a trademark agent may submit to the Registrar Office an
application for restoration to practice. If, after examination, the application is accepted, the date of
restoration to practice and the number of the acceptance disposition shall be entered in the
Trademark Agent Register.
Article 20
Once actions in the form of cancellation or revocation of the trademark agent registration become
final, from the day after the date of publication, such person shall not practice as a trademark agent
or handle trademark related matters.
A trademark agent whose registration has been cancelled or revoked as prescribed in the preceding
paragraph shall not apply for registration again within two years from the day following the date of
publication of cancellation or revocation, unless, having circumstances prescribed in
Subparagraphs 2 or 3 of Paragraph 1 of Article 7 when applying for registration or during the
effective period of such registration, in which case they may apply for registration again after the
cause vanished.
Article 21
The Trademark Agent Register, which the Registrar Office maintains, shall be made available to
the public and specify the following, as well as may be produced by electronic means.
1. the name, year of birth and registration number;
2. the name and address of the firm where he/she practices;
3. the dates of registration and re-registration and the numbers of the dispositions;
4. the dates of removal and restoration to practice and the numbers of the dispositions;
5. the records regarding actions in the form of a warning, a reprimand, suspension from practicing,
or cancellation or revocation of the trademark agent registration; and
6. any other related matters.
Article 22
A request to change registration matters prescribed in Subparagraphs 1, 2 and 6 of Paragraph 1 of
the preceding article shall be made to the Registrar Office by the trademark agent within thirty
days from the date on which the change or fact takes place. Such change shall have no effect on
the Registrar Office unless it is entered in the Trademark Agent Register.
Article 23
Where a registered trademark agent violates the Act, these Regulations or any other related laws
and regulations, any person may, by submitting concrete facts and evidence, report to the Registrar
Office.
Article 24
Where a registered trademark agent violates the Act, these Regulations or any other related laws
and regulations, the Registrar Office may convene a meeting of Trademark Agent Incident
Deliberation Committee (hereinafter as the Deliberation Committee) to deliberate the incident. If
necessary, parties of the incident may be invited to attend the meeting and personally state his/her
case before the Committee.
The representatives of related agencies, experts or scholars invited by the Registrar Office
according to the nature of disputes may act as the members of the Deliberation Committee as
prescribed in the preceding paragraph. The Director General of the Registrar Office or its
designated representative shall act as the chairperson of the Deliberation Committee.
The proportion of any gender of the members in the Deliberation Committee shall not be less than
one third.
Article 25
These Regulations are enforced on May 1, 2024.
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