| Legislative： |
1. Promulgated on Dec. 12, 1930
2. Amended and Promulgated on Sep. 3, 1932
3. Amended and Promulgated on Jan. 8, 1947
4. Amended and Promulgated on Mar. 18, 1960
5. Amended and Promulgated on June 13, 1973
6. Amended and Promulgated on May 6, 1982
7. Amended and Promulgated on Oct. 19, 1987
8. Amended and Promulgated on Oct. 23, 1991
9. Amended and Promulgated on July 15, 1994
10. Amended and Promulgated on Sep. 15, 1999
11. Amended and Promulgated on Apr. 10, 2002
12. Amended and Promulgated on Dec. 10, 2003
13. Article 34 and the Schedule of Article 13 Amended and Promulgated on Sep. 3, 2007
14. Schedule of Article 13 Amended and Promulgated on May 4, 2010
15. Amended and Promulgated on June 29, 2012
16. Amended and Promulgated on July 13, 2015
17. Schedule of Article 19 Amended and Promulgated on April 18, 2016 by the Ministry of Economic Affairs
18. Schedule of Article 19 Amended and Promulgated on March 16, 2017 by the Ministry of Economic Affairs
19. Article 19 Amended and Promulgated on June 7, 2018 by the Ministry of Economic Affairs
20. Articles 2, 5, 10, 12, 13, 28, 38, 39, 48 and 50 Amended and Promulgated, Articles 12-1, 19-1, 19-2 and 34-1 Added and Enforced on May 1, 2024 |
| Content： |
Chapter I General Provisions
Article 1
These Rules are formulated pursuant to Article 110 of the Trademark Act (hereinafter referred to as
“the Act”).
Article 2
Any application or request to be filed pursuant to the Act and these Enforcement Rules shall,
except that to be filed 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 agent appointed by
the applicant.
The applicant, as prescribed in the preceding paragraph, shall specify the ID number in the
application, except for a foreign applicant or an applicant who does not have an ID number. If the
applicant is a legally established group without a juridical personality or business registered in
accordance with the Business Registration Act, documents related to the establishment or
registration shall be furnished in addition. 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 identification
documents, the certificate of a juridical person or other documents of proof of the applicant’s
qualification.
The format and number of the written form referred to in Paragraph 1 shall be prescribed by the
Registrar Office.
Article 3
The applications and documents submitted in relation to trademark matters shall be in Chinese.
When the documents of proof are in foreign languages, the Registrar Office may give a notice to
furnish a full or excerpted Chinese translation thereof if it deems necessary.
Article 4
Any document of proof submitted pursuant to the Act or these Rules shall be original. However,
copies of the original may be used instead under the following:
(1) the original has been submitted 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 authenticity 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
checked.
Article 5
Where an applicant appoints an 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 Registrar Office.
Any change in the agent’s address for service shall be reported to the Registrar Office by giving a
written notice thereof.
Article 6
An agent may carry out all acts which are covered by the powers delegated to him. However, the
right to appoint and remove an agent, 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 been delegated.
Article 7
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.
Article 8
The specified period during which an action should be done pursuant to the Act or these Rules
other than Article 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.
Article 9
While requesting 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 clarifying the
cause of failure to comply within the statutory period and the date on which such cause vanishes;
documents of proof shall be included.
Article 10
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 agent;
(5) an indication 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 reproduction and the description of the trademark;
(7) the list of designated goods or services 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 of
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 corrections of the trademark registration;
(11) where the trademark right is renewed, the expiry date of the renewal period of the trademark
right; where the trademark right is renewed in respect of only some goods or services, the list of
such goods or services and the classes thereof;
(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 restricted and the classes thereof;
(14) the name and domicile or business establishment of the transferee of the trademark right, as
well as its 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 shall also apply to sub-license;
(16) the name of the pledgee and the amount of the 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 revocation 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 thereof;
(20) the abandonment or extinguishment of trademark right;
(21) particulars of compulsory execution, administrative execution or insolvency proceedings
noticed by courts or administrative execution agencies;
(22) any other particulars relevant to trademark rights and all other particulars prescribed by acts or
regulations.
Article 11
The entries made in the Trademark Register shall be published in the Trademark Gazette.
Chapter II Trademark Application and Examination
Article 12
An application for trademark registration shall be 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 establishment, the nationality or locality and the ID
number of the applicant and, if any, the name of its representative;
(2) if any, the name, registration number and address of domicile or business establishment of the
agent;
(3) the name of the trademark;
(4) the reproduction of the trademark;
(5) the list of designated goods or services and the classes thereof;
(6) where the reproduction contains foreign languages, specification of the languages thereof and
the translation of the content;
(7) where a description is required, such description;
(8) where the priority right is claimed pursuant to Article 20 of the Act, the date of filing the first
application, the country or the member of the WTO in which the first application was made, and
the application number of the first application;
(9) where the exhibition priority is claimed pursuant to Article21 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 or statement that an element in the reproduction of a trademark is not a part of such
trademark.
Article 12-1
The term “intending to engage in business with regard to designated goods or services,” as
prescribed in Paragraph 3 of Article 19 of the Act, refers to the intention to genuinely use the
trademark on designated goods or services.
When examining under the preceding paragraph, the Registrar Office may require the applicant to
furnish related evidence with the explanation if it deems necessary.
Article 13
The reproduction and name of the trademark in the application shall conform to the format
published by the Registrar Office. The Registrar Office may require the applicant to amend the
name of the trademark or furnish a description and a specimen of the trademark, if it deems
necessary to help the examination of the reproduction.
Broken lines may be used in the reproduction to show the manner, placement, functional elements
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.
Article 14
Where the application contains a statement to the effect that the trademark is a color trademark, the
reproduction of the trademark shall 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 description indicating the color or colors and the manner in which it is
or they are used on the designated goods or services.
Article 15
Where the application contains a statement to the effect that the mark is a three-dimensional
trademark, 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-dimensional 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.
Article 16
Where the application contains a statement to the effect that the trademark is a motion trademark,
the reproduction of the trademark shall consist of one or a series of not more than six still images
depicting the movement.
The applicant shall furnish a description explaining the movement in the sequential order and an
electronic data carrier conforming to the format published by the Registrar Office.
Article 17
Where the application contains a statement to the effect that the trademark is a hologram trademark,
the reproduction of the trademark shall consist of not 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.
Article 18
Where the application contains a statement to the effect that the trademark is a sound trademark,
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
musical 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.
Article 19
While applying for a trademark registration, the applicant shall designate the class(es) of goods or
services according to the order of the Classification of Goods and Services, and shall specifically
list the names of the goods or services.
The Registrar Office shall publish the Classification of Goods and Services according to the
headings of classes under the International Classification of Goods and Services published by the
World Intellectual Property Organization.
For trademarks that are registered prior to the amendment to the Classification of Goods and
Services, the class of goods or services for which a trademark is designated shall be that as
registered. For trademarks that are not registered, the class of goods or services for which a
trademark is designated shall be that as designated at the time of filing.
Article 19-1
An application for registration seeking accelerated examination shall be made by filing an
accelerated examination application specifying the following:
(1) the application number;
(2) the name, address of domicile or business establishment, the nationality or locality and the ID
number of the applicant and, if any, the name of its representative;
(3) if any, the name, registration number and address of domicile or business establishment of the
agent;
(4) facts and reasons regarding the necessity to seek rights approval promptly, along with related
evidence.
The application referred to in the preceding paragraph without the accelerated examination fee
being paid shall be deemed not having been filed.
Article 19-2
An applicant who is “necessary to seek rights approval promptly” as prescribed in Paragraph 8 of
Article 19 of the Act refers to any of the following:
(1) the applicant has used the applied trademark, or prepared to a certain degree to use such mark,
on all of the designated goods or services;
(2) the applicant has used the applied trademark, or prepared to a certain degree to use such mark,
on some of the designated goods or services, and it is necessary and urgent to seek rights approval
for business.
The term “necessary and urgent to seek rights approval for business” as prescribed in
Subparagraph 2 of the preceding paragraph refers to any of the following:
(1) a third party has, without the applicant’s consent, used the applied trademark, or prepared to a
certain degree to use such mark;
(2) the applicant has received a cease and desist letter from a third party claiming right
infringement due to the applicant’s use of the applied trademark;
(3) a third party requests the applicant to license the applied trademark;
(4) the applicant has planned to launch the goods or services under the trademark applied for and
signed the contracts related to marketing or distribution with business partners.
(5) the applicant has planned to display goods or services under the trademark applied for at an
exhibition and signed contracts with the organizer of the exhibition.
(6) any other circumstances indicating that it is necessary and urgent to seek rights approval for
business.
An accelerated examination application which is necessary to seek rights approval promptly under
Subparagraph 2 of Paragraph 1 and the preceding paragraph shall only apply to the classes of the
designated goods or services on which the applicant has used the applied trademark, or prepared to
a certain degree to use such mark; regarding the classes of the designated goods or services on
which the applicant has not used the applied trademark, or prepared to a certain degree to use such
mark, the applicant shall request division or restriction (withdrawal) of such classes of the
designated goods or services.
Article 20
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 application in a country which has reciprocal
recognition of priority rights with the Republic 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.
Article 21
Where an application is filed with a claim for 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 its venue, the name of the host of such exhibition, and the date
of the first display of the goods or services;
(2) the name of the participant and his/her goods or services displayed at the exhibition; and
(3) the photographs showing the display of the goods or services, catalogs, brochures or any other
documents capable of proving the content of the display.
Article 22
Where an application is filed with a claim for exhibition priority pursuant to Article 21 of the Act,
Article 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.
Article 23
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.
Article 24
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 element devoid of distinctiveness or likely to 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, or 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 the 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.
Article 25
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 proven 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 changed are the same for each application.
Article 26
Where a correction of errors in the particulars of an application for trademark registration is
requested pursuant to Article 25 of the Act, the Registrar Office may require, if necessary, the
applicant to furnish relevant proof.
Article 27
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 divided into and the designated goods or
services to be included in each divisional application.
The designated goods or services 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
accepted 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.
Article 28
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 the transferee through
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 that the applicant and the transferee are the same for each application.
Paragraph 1 of Article 39 shall apply mutatis mutandis to the specifications of a request referred to
in Paragraph 1.
Article 29
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 Paragraph 2 of Article 29
of the Act, shall furnish proof thereof.
Article 30
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.
Article 31
The term “well-known” as prescribed in the Act refers to the circumstance where there is objective
proof of a sign capable of being commonly recognized by the relevant enterprises or consumers.
Article 32
The term “the name of a juridical 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.
Article 33
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 trademark
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 consents to the application for registration of
such later filed trademark.
Article 34
The prescribed period within which an applicant may submit his/her opinion on the intended
refusal referred to in Subparagraph 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 referred to in the preceding paragraph by
submitting a written statement clarifying the reason. The extension of such period may, when the
domicile or business 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
remedied, the reason for further extension and the proof thereof, grant further extension of such
period. A groundless request for further extension shall be inadmissible.
Article 34-1
Before a disposition is rendered on a trademark registration application, any third party who
believes the trademark should not be registered may submit an opinion, specifying the following
details:
(1) the application number;
(2) grounds for refusal under Paragraphs 1 or 3 of Article 29, Paragraphs 1 or 4 of Article 30, or
Paragraph 3 of Article 65 with related facts and evidence.
Should the Registrar Office fail to notify the applicant to submit observations within the prescribed
period regarding the information cited from the opinion referred to in the preceding paragraph,
such information shall not be considered as facts and grounds for rendering a disposition of
refusal.
When an opinion has been submitted by a third party, the Registrar Office is not obliged to notify
that party regarding the process of such opinion or the examination of the said trademark
application.
Chapter III Trademark Rights
Article 35
A request for renewal of the trademark 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.
Article 36
Paragraphs 1 and 2 of Article 27 shall apply mutatis mutandis to a request of division of a
registration. A copy of the written request shall also be furnished for each divisional application
along with related documents of the original application.
Where the division of a registration is accepted, a trademark certificate shall be issued for each
divisional registration by the Registrar Office.
Article 37
Articles 25 and 26 shall apply mutatis mutandis to a request of any change or correction of the
particulars of a trademark registration.
Article 38
A request to record a trademark license in the Register shall be made by the proprietor of the
registered trademark or the licensee by filing a written request specifying the following:
(1) the name, address of domicile or business establishment, nationality or locality and the ID
number of the proprietor of such registered trademark and the licensee, and, if any, the name of
representative;
(2) if any, the name, registration number and address of domicile or business establishment of
agent;
(3) the registration number of such registered trademark;
(4) where the license is exclusive or non-exclusive, that fact;
(5) the date when the license took 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 locality, 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 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 the 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 all registrations.
The three 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.
Article 39
A request to record a transfer of trademark right in the Register shall be made by the transferee
through filing a written request, and furnishing the contract or any other document of proof of such
transfer, as well as specifying the following:
(1) the name, address of domicile or business establishment, nationality or locality and the ID
number of the transferee, and, if any, the name of the representative;
(2) if any, the name, registration number and address of domicile or business establishment of the
agent;
(3) the registration number of such registered trademark.
A request referred to in the preceding 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 proprietor and the transferee are the same for each registration.
Article 40
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 matter 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.
Article 41
A request to issue a replacement registration certificate or re-issue a registration certificate of a
registration may be made by the proprietor 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 paragraph, the original registration certificate shall be published for
nullification in the Trademark Gazette.
Article 42
Where the facts and grounds in respect of an opposition are not precise or self-contained, the
Registrar Office may give the opponent a notice to amend within the prescribed period.
The opponent may change or add the facts and grounds on which the opposition is based within
three months from the day following the date of publication of the opposed trademark registration.
Article 43
Where the proprietor of an opposed trademark submit a statement of defense to the opposition or
the opponent submit his/her opinion on the statement of the proprietor pursuant to Paragraph 2 of
Article 49 of the Act, any attachments to such statement of defense or opinion shall also be
enclosed with the copy of such statement of defense or opinion.
Article 44
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 opponent a notice
to designate the trademarks 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, request for a
refund with the receipt of the payment.
Article 45
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.
Article 46
Paragraph 1 of Article 42 and Article 43 to the preceding article shall apply mutatis mutandis to
invalidation and revocation.
Chapter IV Certification Mark, Collective Membership Mark and Collective Trademark
Article 47
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, carries out the testing or verification
under its supervision and control.
Article 48
The provisions relating to trademarks in these Rules, except Articles 19-1 and 19-2, shall apply
mutatis mutandis to certification marks, collective membership marks and collective trademarks.
Chapter V Supplementary Provisions
Article 49
A person who would like to retrieve the evidence or articles in relation to an application for
trademark registration or a request 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 period.
Article 50
These Rules shall come into effect from the date of promulgation.
The articles of these Rules amended and promulgated on May 1, 2024, are enforced on the same
day.
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