|
|
| Main
Points for Advance Notices of Reasons for Disapproving Trademark Applications
by the National Bureau of Standards of the Ministry of Economic Affairs
|
|
|
|
| (Promulgated
on 1 December 1994 per Letter No. Tai-Shang 220567)
|
|
|
|
|
|
|
|
| 1.
| These main points are prescribed for provision
of an opportunity for the applicant to state his opinions in order to prevent
examination errors and ensure the applicant's rights and interests as well
as to reduce unnecessary litigation.
|
|
| 2.
| When a trademark examiner considers that
the application for registration of a trademark shall be disapproved after
his examination, he shall, before rendering a disapproval decision thereon,
notify the applicant or his trademark agent in writing stating the reasons
therefor and the applicant shall submit his opinions within the prescribed
time limit.
|
|
| 3.
| Within the said prescribed time limit, the
applicant may state his opinions or apply for alternation of the unregistrable
trademark or limit the designated goods which are in conflict with the rights
and interests of another person's trademark, and may produce facts and solid
evidence in his favor.
|
|
| 4.
| A trademark examiner shall examine the case
pursuant to the law and by taking the applicant's opinions into account.
|
|
| 5.
| These main points shall be applicable to
the applications which are disapproved on and after 16 November 1994 (namely,
the disapproved applications published in the Trademark Gazette Vol. 22
No. 1 dated 1 January 1995).
|
In case of any discrepancy between this English translation and the original
Chinese
text of the Law,the Chinese text shall govern.
|
