Want to open a store in Taiwan, China, there are logo and brand name that you want to protect?
Applying for a trademark is definitely the first choice!
And the trademark is territorialism principle, and the trademark needs to be submitted separately for each country!
How to search whether your brand or store name can apply for trademark in Taiwan and China?
As a professional trademark agent, Gold Keen specially compiled this most comprehensive trademark search article for your reference.
➤1. Trademark Search (by text)
First, on Google (https://www.google.com.tw) initially search whether there are the same or similar names used in the same or similar industries. If there aren't, congratulations! Maybe your brand name has not been registered preemptively. Second, the official search system.
Enter the Taiwan IPO Trademark Search (by text) page (https://twtmsearch.tipo.gov.tw/OS0/OS0101.jsp)
Enter the brand name in the "Text", and the IPO will search it by itself, and it can search both Chinese and English.
★Search skills:
Trademark class of Taiwan can be entered into two codes (such as 45 legal services), four codes (such as 4522) or six codes. If you don't know the class number, you can enter a keyword in "class" and click AID.
➤ 2. Trademark Search (by graphic)
The brand logo is a graphic, and you don't know how to search for similar cases. The search system of the IPO can also help you with initially searching. But it's still recommended that you ask for a professional trademark agent for evaluation and search. A legitimate trademark agent can combine his experience and expertise to advise on your brand. This is the key to a successful trademark application.
Enter the Taiwan IPO Trademark Search (by graphic) page (https://twtmsearch.tipo.gov.tw/OS0/OS0103.jsp)
To select the items according to the graphic features (up to 3 items can be selected), enter class name and click "SEARCH".
★Search skills:
The system can only display the first 500 cases. If there are too many search results, you can enter the "Application/Priority Date" to narrow the search range.
➤3. Taiwan trademark class search
twtmsearch.tipo.gov.tw/OS0/OS0303.jsp) Enter the Taiwan IPO Trademark Search System-Class search Page
The information provided by the search system is for reference only and cannot be used as a basis for approval of the application. The smartest option that saves time and effort and improves the pass rate is delegate to Gold Keen. Our IP commissioner will provide you with key recommendations for trademark approval.
➤ 4. Taiwan trademark class
Taiwan trademark class adopts Nice Classification. For details on the class in all walks of life, please click (https://gold-keen.com/register/catalog.html)
➤ 5. China Trademark Search
Enter the China Trademark Office (http://wsjs.saic.gov.cn/)
According to your situation, select "SISTM" or "SGTMI" for search.
If your situation is you want to search for similar names, please click "SISTM".
If you want to directly find out whether the "class to be registered" has the fully same brand name, you can click "SGTMI".
➤Enter the “Trademark Similar Search” page of China Trademark Office, you can see "International Classification", "Search mode" and "Trademark content" which are required options.
Enter your brand name and select your possible business scope and can find the name similar to your trademark.
★Search skills:
1. ★Simplified and traditional characters are used for the same name★ The examination of China official is still a similar or identical element.
2. International classification can be selected through a magnifying glass. Gold Keen provides suggestions of trademark class.
3. If the trademark name is composed of 3 letters, you can click "Chinese pinyin". For Chinese composition, you can click "Chinese character".
4. The latest Chinese trademark application information can only be found on the official website after about 3-4 months.
5. Whether the search result is rejection, in the trademark application period or the registration is successful but the deadline is fast and has not been renewed. If the trademarks meets the names and classes will be displayed. This is why trademark search is a profession. Gold Keen suggests that no matter the result of search, it should be referred to the trademark agent for review. That can avoid mistakes.
➤ 6. Search for companies of businesses in Taiwan
Enter "Get information about companies of businesses in Taiwan" page (https://findbiz.nat.gov.tw/fts/query/QueryBar/queryInit.do) and click "Information to" to search.
Use "Unified Business No." or "Name of Company/Business" as the key word for search. If you need MOEA to issue registration information, you need to attach the application form. And follow the "Instructions for inspection, copying and photocopying of company registration information" to handle.
➤ 7. Trademark search in the EU or other overseas countries
TMview: https://www.tmdn.org/tmview/welcome8.png
Enter the name of the trademark or the part of its text and click "Search". The results are including the trademark application area, applicant, number, trademark status and other information.
Search EU trademarks immediately
➤8. Search for whether the domain of each country can be registered
Enter the page (https://www.whois365.com/tw/)
Please fill the domain name (ex: yahoo.com.tw) in the blank space, and click "Search".
Search for the international domain name (IND), please fill in the domain name using the original language or Punycode in the space (ex: "domain query.com" or "xn--cjsu68aloqjtl.com"), and click "Search".
Search for the IP address, please fill in the general IP address or decimal IP address in the space above (ex: general IP address: 168.95.1.1, decimal IP address: 2824798465, or IPv6 bit) Address: 2001:b000:180:3::8011), and click "Search".
★Notice: The domain name of each registry may have different regulations. Please check with each registry for detailed domain format regulations.
➤ 9. Which trademark names are not recommended for application
Trademarks are used to represent the trademarks and service sources of different companies. They can be any marks which is distinctiveness, composed of words, graphics, signs, colors, shapes, motion graphics, holograms, sounds, etc., or a combination of two or more.But at the same time, Trademark Law Article 29 also lists unregistrable cases which aren't allowed to register. For example, some vocabulary has been widely used by traders for a long time, and it has become universal names. There are also some names are place names, or text that clearly describes the content of goods/services.
Gold Keen compiled a vocabulary released by the IPO: "not to claim disclaimer" to everyone. Hope to help applicants avoid these risk words as much as possible and improve the efficiency of trademark application examination!
➤Examination criteria for distinctiveness of trademark -inherent distinctiveness
Trademark Law Article 18: the term “distinctiveness” refers to the character of a sign capable of being recognized by relevant consumers as an indication of the source of goods or services and distinguishing goods or services of one undertaking from those of other undertakings.
As shown in the figure below:
➤Examination criteria for distinctiveness of trademark – acquired distinctiveness
Acquired distinctiveness means that the logo was not recognizable originally. But through the use in the market, the relevant consumers are recognized as a source of goods or services. It has the trademark recognition, also known as the second meaning.
For example, to register for the German trademark "Reformhaus", it would be translated into a health food store. However, due to the long-term use of trademark applicants, the acquired distinctiveness has been established. After reply, they could successfully register:
Finally, Gold Keen will give you a little trick to improve the chance of passing the trademark application! Regarding trademark applications, Gold Keen still recommends that the text and graphic should be applied separately. To avoid subsequent applicants adding other graphics and designs, which may make the trademark different with overall appearance. It might still apply successfully. After your initially search, have you decided on your brand name? Now, let Gold Keen review the trademark registration opportunities for you! Click "Apply for Trademark immediately" to connect with Intellectual Property Commissioner of Gold Keen!
