Trademark

Trademark

A “trademark” is a sign that is used to distinguish one’s goods or services from those provided by others. As the economy, culture, and the market diversify, the types of trademarks may now include a packaging design, three-dimensional object, sound, or even a scent. In the Republic of China, a trademark refers to a sign consisting of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof. In addition, the minimum requirement of the trademark laws of every country is that a trademark must be recognizable to the general consumers as a trademark and is indicative of the source of the goods or services. Most generic names or direct or obvious descriptions of goods do not possess the characteristics of a trademark.

Certification mark

A certification mark is a sign that serves to certify a particular quality, accuracy, material, mode of manufacture, place of origin or other matters of another person’s goods or services by the proprietor of the certification mark and distinguish the goods or services from those that are not certified, e.g., the Taiwan fine product sign, UL electrical appliances safety sign, ST toy safety sign, and 100% wool sign, which are familiar to the average Taiwanese consumer. An applicant of a certification mark must be a juristic person, group or government agency that is capable of certifying an entity’s goods or services. The use of a certification mark shall mean that the right holder of a certification mark, in order to certify the characteristics, quality, precision, origin or other matters of another person’s goods or services, permits that person to display the certification mark on articles or documents in connection with the goods or services.

Collective trademark

As the term suggests, a “collective trademark” is a brand commonly used by the members of a group. It could be a farmers’ association, a fishermen’s association, or other associations that are eligible for filing an application for registration of a collective trademark. All goods or services produced/manufactured or provided by the association members may label the collective trademark to distinguish those goods or services from goods or services produced/manufactured or provided by others. A collective trademark is intrinsically still a trademark. However, the major difference between a collective trademark and a trademark is that a collective trademark is used by the members of a group in connection with goods or services, while a trademark is used by the registrant for identifying his/her own goods or services.

Collective membership mark

A collective membership mark is a sign that serves to identify the membership of members in an association, society or any other group which is a juridical person and distinguish such members from those who are not members. The Lions Club, the Rotary Club, and a political party are all eligible for filing an application to register a collective membership mark for identifying their memberships. A collective membership mark has no direct relationship with business activities related to goods or services, as it simply identifies the organization of the membership of its members and will be displayed on relevant articles or documents, while a collective trademark identifies the goods or services provided by the members of the group using the trademark. They are different intrinsically.

Trademark service