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3.4 Who is eligible to file a trademark application?

Generally speaking, any domestic or foreign natural person, juristic person or business entities (business establishments or firms) who use a trademark to identify the goods or services they offer in trade, may file a trademark application in the name of an individual, juristic person or business entity, except for collective trademarks, collective membership marks and certification marks, which are subject to the following rules:
The applicant of a collective trademark or collective membership mark is restricted to business associations, social organizations, or groups that exist as a juristic person. In filing an application, the applicant must submit the certificate of incorporation proving that the applicant  has been registered with the competent authority and has completed recordation as a juristic person with a court. The applicant must also comply with the regulations governing the use of the collective trademark or collective membership mark, specifying membership qualifications and the regulations controlling the use of the collective trademark or collective membership mark.(§82;§86;§89, Trademarks Act)
The applicant of a certification mark is restricted to juristic persons, groups or government agencies who are capable of certifying another party's goods or services. In filing an application, the applicant must submit documents specifying the qualifications or capability to issue the certification, requirements for labeling the certification mark, the rules governing the use of the certification mark, and a declaration stating that the applicant does not engage in the manufacturing and marketing of the goods to be certified or provision of the services to be certified.(§82, Trademarks Act)


 

  • Publish Date : 2008-04-23
  • Update : 2020-12-07
  • Organization : International Affairs and Planning Division
  • Visitors : 692

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