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英譯法規內容

Title Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means Ch
Date 2020.06.09
Legislative 1.Enacted and Promulgated on May 9 , 2008 by the Ministry of Economic Affairs
2.Amended and Promulgated on June 29 , 2012 by the Ministry of Economic Affairs
3.Amended and Promulgated on December 6 , 2013 by the Ministry of Economic Affairs
4.Amended and Promulgated on July 13, 2015 by the Ministry of Economic Affairs
5.Amended and Promulgated on June 9, 2020 by the Ministry of Economic Affairs
Content

Article 1

These Regulations are formulated pursuant to Article 13 of the Trademark Act (hereinafter referred

to as “the Act”).

Article 2

The terms used in these Regulations are defined as follows:

1.     electronic trademark application: the transmission of trademark application documents using

the hardware and software information equipment designated by the Registrar Office.

2.     user: the applicant or the agent thereof who files an electronic trademark application.

3.     electronic trademark application documents: the application form that the user fills out and

submits in accordance with the form for electronic trademark application prescribed by the Registrar

Office and other electronic files attached.

4.     electronic transmission: the transmission with which the user submits the electronic trademark

application documents to the information system provided by the Registrar Office through the

Internet.

5.     information system: a system that generates, sends, receives, stores, or otherwise processes

information or data in electronic form.

6.     electronic certificate: a valid electronic attestation issued by a certification service provider

qualified pursuant to the Electronic Signatures Act.

7.     digital signature: the digital signature as prescribed under the Electronic Signatures Act.

8.     electronic autograph: an image in electronic form, which is made of a signature or seal of the

applicant or the agent thereof.

9.     electronic official documents: Various official documents made by the Registrar Office by

electronic means during trademark application and other procedures  thereof.

10.   recipient of service of documents: the person filing a trademark application or other procedures

by hard copy or electronic means who agrees on electronic service of official documents by the

Registrar Office.

11.   electronic service: Electronic official documents transmitted to the electronic official document

downloading platform by the Registrar Office and downloaded by the recipient of service of

documents.

12.   electronic official document downloading platform: the information system provided by the

Registrar Office for the recipientof service of documents to download electronic official documents.

Article 3

The effect of the electronic trademark application documents submitted in accordance with these

Regulations is identical to the effect of the written application documents.

Article 4

These Regulations are applicable to the applications and other proceedings of trademark,

certification mark, collective membership mark and collective trademark.

The Registrar Office shall publish the types and forms of the qualified trademark applications which

may be electronically filed as prescribed in the preceding paragraph within three months before the

start of acceptance of applications.

Article 5

Prior to filing an electronic trademark application, a user shall complete the following procedures:

1.     obtain the electronic certificate issued by the certification service provider designated by the

Registrar Office, or the electronic autograph that conforms to the requirement prescribed by the

Registrar Office; and

2.     confirm and agree to the terms of electronic application, and register the related information on

the website designated by the Registrar Office.

Article 5-1

Where there are more than two agents stated in an electronic trademark application document, one

of themis allowed to make a transmission by the electronic certificate thereof as a representative.

Unless an objection is filed, the others who do not make a transmission are presumed to have been

appointed.

Article 6

The electronic trademark application documents submitted via electronic transmission shall meet

the following requirements:

1.     the file format, sizes in bytes, format of electronic packet, means of transmission and the

electronic filing software used shall all meet the requirements provided by the Registrar Office; and

2.     a valid digital signature or electronic autograph must be provided.

Article 7

Upon receiving the electronic trademark application documents that meet the requirements set forth

in the preceding Article and are in absence of the circumstances prescribed under Paragraph 1 or 2

of Article 9, the Registrar Office shall notify the user of the receipt; such notification shall contain

the following:

1.     the mark of the Registrar Office;

2.     the time of receipt of the complete electronic trademark application documents;

3.     the accession number or application number of the electronic trademark application Documents

referred to in the preceding subparagraph; and

4.     a brief summary of the electronic trademark application documents received.

Article 8

If the submitted electronic trademark application documents do not meet the requirements

prescribed in Article 6, the electronic transmission thereof shall be deemed not to have been made.

In case the circumstance of the preceding paragraph occurs, the Registrar Office shall notify the

user.

Article 9

If parts or the entire electronic trademark application documents are unidentifiable or incomplete,

the electronic transmission of the whole electronic trademark application documents shall be

deemed not to have been made.

If the electronic trademark application documents carry viruses or malicious codes, they shall be

deemed as unidentifiable.

In case the circumstance of the preceding paragraph occurs, the Registrar Office shall keep the

electronic trademark application documents in quarantine; procedures such as virus removal will not

be adopted.

Regarding the electronic trademark application documents prescribed in the preceding paragraph,

the Registrar Office may, after the elapse of certain time period, destroy the documents or proceed

with other measures that guarantee system safety.

In case the circumstances prescribed under Paragraph 2 and 3 occur, the Registrar Office shall

notify the user.

Article 10

Where the Registrar Office is to notify the user in accordance with Article 7 to the preceding article,

the notification shall be made via e-mail or other ways provided by the Registrar Office; notification

by a hard copy will not be served.

In case the first delivery in the methods prescribed in the preceding paragraph fails, the Registrar

Office shall make the delivery once more in the methods prescribed in the preceding paragraph.

The user shall ensure the e-mail provided is functioning properly, and shall duly check for any

notification from the Registrar Office after the electronic transmission has been made.

Article 11

The documents of proof to be submitted in an electronic trademark application may be replaced

with the electronic version thereof prescribed by the Registrar Office, except for the original, the

certified copy, or evidence submitted pursuant to the Act or the Enforcement Rules of the Act.

For the documents of proof submitted in electronic form pursuant to Paragraph 1, preliminary

showing shall be made that the electronic files are identical to the original or the certified copy.

Whenever it deems necessary, the Registrar Office may require the user to submit the original or the

certified copy of the electronic files prescribed under Paragraph 1 for verification.

Article 12

Where an application for registration of trademark, certification mark, collective membership mark

or collective trademark is transmitted by electronic means, the reproduction and specimen of such

trademark or mark shall conform to the format prescribed by the Registrar Office.

Article 13

If the information system of the Registrar Office breaks down, a notification shall immediately be

made on the website or in any other manner.

Article 14

The time when the electronic transmission from a user is received at the information system of the

Registrar Office shall be the time when such transmission is made to the Registrar Office.

Article 14-1

Where one of the following circumstances occurs as a user files an electronic trademark application,

the alternative methods of electronic transmission announced by the Registrar Office may be used :

1.     The file size of the electronic trademark application documents exceeds the limit specified by

the Registrar Office.

2.     The Registrar Office notifies a breakdown of its information system pursuant to the provision

of Article 13.

Article 14-2

Where the alternative methods are used to file an electronic application pursuant to the preceding

article, the filing date shall be the date on which the Registrar Office receives the electronic

trademark application documents. Where the delivery thereof is made via postal service, the filing

date shall be the postmark date of the place of delivery. However, if the postmark date is unclear, the

filing date shall be the date of receipt by the Registrar Office, unless otherwise proved by the parties

involved.

Articles 6 through 10 shall apply mutatis mutandis to the alternative methods of electronic

transmission.

Article 15

The Registrar Office shall store the original version of the received electronic trademark application

documents for verification.

Regarding the received electronic trademark application documents, the Registrar Office shall store

and manage the original version and the copy thereof to ensure the genuineness, completeness and

confidentiality.

Article 15-1

The official documents to be sent by the Registrar Office to the trademark applicant or the agent

thereof may be replaced by electronic official documents stored on the electronic official document

downloading platform. The effect of electronic official documents is identical to that of hard-copy

official documents.

Electronic service of trademark documents shall be made by the Registrar Office upon the consent

of the trademark applicant or the agent thereof.

The Registrar Office shall enact the Letter of Consent in electronic form and provide it for signature

by the trademark applicant or the agent thereof.

Article 15-2

The Registrar Office may notify by e-mail the recipient of service of documents to download such

electronic official documents on the downloading platform.

In the same application, if there are more than two agents at the location where the service is to be

effected and one of whom agrees on electronic service, the Registrar Office will not send hard-copy

official documents additionally.

In the same application, if there are more than two recipients of service of documents at the location

where the service is to be effected, any one of whom has the right to download such electronic

documents. However, the others are not allowed to download after one of whom has completed

downloading.

The time of the electronic service shall be the time when the recipient of service of documents

downloads such official documents at the information system of the Registrar Office. The statutory

period shall be calculated from the day following the date on which such electronic documents are

downloaded.

If the recipient of service of documents fails to download such electronic documents within five

days after the electronic documents have been transmitted to the platform by the Registrar Office,

the Registrar Office shall take down such electronic documents and send hard -copy official

documents to the recipient.

Article 16

These Regulations shall enter into force as of the date of promulgation.

The June29, 2012 amendment to these Regulations shall enter into force from July 1, 2012.

The December 6, 2013 amendment to these Regulations shall enter into force from December 1,

2013.

The June 9, 2020 amendment to these Regulations shall enter into force from July 1, 2020.