Trademark Introduction
General Information
Trademarks are classified into two categories
Trademark :
A trademark is a word, device, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof to be used on products, containers, packages, pamphlets, brochures, catalogues or other similar objects to identify the product from those offered by others.
Service Mark :
A service mark is used to identify the service from those offered by others.
Trademark Classification
Majority of the countries around the world adapts classification system either using International Classification System (NICE classification) or their own classification system. Upon filing, the applicant must indicate the goods or services to be registered and if they fall under more than one class, separate applications must be filed.
Trademarks are classified into 45 classes.
Class 1 ~ Class 34 : Goods classes
Class 35 ~ Class 45 : Services classes
China & Taiwan adopt further sub-classification system for the 45 goods and services classifications. With years of professional experience in handling trademark issues in China & Taiwan, we provide our clients’ initial free consultation and evaluation of the goods/services in connection with the classification system under the said jurisdictions to ensure an optimal scope of protection could be obtained.
First-to-File Principle
China & Taiwan adopt first to file principle. Under the said principle, a trademark application is strongly advised to be filed to occupy an earliest filing date before it is actually used for the reasons listed below:
If a trademark has been registered by a party other than the original proprietor, any use of the mark by the original proprietor under the services/goods the same as or similar to those designated under the prior trademark registration would be considered as trademark infringement.
If there is no registration for the mark, there is no enjoyment of exclusive right until the registration is obtained. If, for any reason, the trademark is not registered, the mark is not protected, which means anyone can use the mark.
Please note that it takes approximately one year from filing till registration, thus we strongly recommend our clients to register their mark(s) before they start using it/them due to the first to file Principle system practiced in China & Taiwan.
