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::: home > Laws & Regulations > Trademark > Criteria for Trademark Examination > Operational Points Regarding Application for Patent and Trademark Registrations in Taiwan by Mainland Chinese People Home

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  Operational Points Regarding Application for Patent and Trademark Registrations in Taiwan by Mainland Chinese People
 
  (Promulgated on 18 May 1994 per Ministry of Economic Affairs Letter No. (83)Zhung-Biao-85145)
  1.

In order to handle the applications for patent and trademark registration and relevant affairs filed in Taiwan by mainland Chinese people, these main points are especially stipulated on a reciprocal basis.

  2.

Patent rights or the rights to exclusive use of trademarks are protected only when they are registered and obtained by mainland Chinese people pursuant to the Patent Law, the Trademark Law and their related regulations.

  3.

For filing an application for registration of a patent, a trademark or handling of affairs pertaining thereto by an applicant of mainland China, a patent agent or a trademark agent, who has duly been registered in the Government Office in charge of patent and trademark affairs (hereinafter "the Government Office"), shall be appointed to act on the Applicant's behalf.

  4.

Any document which shall be served to the applicant of mainland China may be effected by delivering it to the patent agent or the trademark agent.

  5.

The required application documents prepared by the mainland Chinese applicant may not be in simplified Chinese characters.

 

Such application documents as mentioned in preceding paragraph shall indicate "Mainland Region" or the name of a province.

  6.

Where the identification documents or other documents submitted by a mainland Chinese applicant are in simplified Chinese characters, the Government Office may ask the applicant to produce a copy in traditional Chinese characters.

  7.

In case the mainland Chinese applicant is an individual, a photocopy of an identity document shall be submitted; as for a juridical person, a photocopy of the certificate of incorporation shall be submitted.

 

The documents set forth in the preceding paragraph and the following documents shall be deemed true after verified by the authority appointed or a civilian organization entrusted by Executive Yuan:

 
(1)

Power of Attorney, certificates in relation to rights and obligations.

 
(2)

Evidence in respect of opposition, cancellation or invalidation proceedings, as deemed necessary by Government Office.

  8.

In case a mainland Chinese applicant or an inventor requests not to disclose his mainland address, reasons shall be given in the application, and Government Office will do so in the publication of approval of the application.

In case of any discrepancy between this English translation and the original Chinese
text of the Law,the Chinese text shall govern.

 

Last Update :2005/9/26

 
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