In order for a trademark to clearly identify the source of the goods, the design of a trademark should take into account the following matters:


Distinctiveness
If a trademark has distinctive features, goods bearing the trademark will stand out among other goods of the same kind and thus leave a deep impression on consumers. A distinctive trademark is easily understood, read and memorized. For instance, "穩潔" (Windex), "一匙靈" (one spoon effective) and "好自在" (Carefree).
Symbolism
If a trademark itself reflects the mission statement of a company and the features, functions and nature of the products, by looking at the trademark, consumers can understand the mission statement of the company and the features of the products. For example, the use of "美好挺" (good, fine, stiff) for clothing and the use of "克蟑" (cockroach preventer) for insecticides clearly show the features and functions of the goods. "和成HCG" for bathroom equipment was initially designed in rigid and mechanical block typeface and later changed to an elegant, soft and modern typeface, which incorporates the mission statement of the company, that is, creating a clean, excellent and comfortable life.
Originality
A trademark is not derived from existing words/phrases or things but from original thoughts. For example, "IBM" for computer goods, "SONY" for audio equipment," "KLIM" for milk powder, and "捷安特" (Giant) for bicycles are all original words and have strong distinctiveness. The use of them by another party can hardly be a coincidence but should be considered plagiarism. Thus, these words are granted more protection under the Trademark Act. As to common words, because they are not original, another party's use of them for dissimilar goods can hardly be considered malicious. When an enterprise using a trademark that contains common words is developing an affiliation and is diversifying its operations, it may find that its trademark has been registered by another party.
Strive for uniformity with the company name
A trademark not only identifies the source of goods but is also a symbol of business reputation. Thus, if a trademark corresponds to the name of a company, it will be helpful in popularizing the company, and in deepening the consumers' impression of the company/trademark. As trademark registration and the registration of a company's name are governed by the Trademark Act and the Company Act, respectively, the public should first search for relevant registration information by accessing the websites of the competent authorities. For trademark registration information, please access TIPO's QTrademark Information Search (https://twtmsearch.tipo.gov.tw/OS0/OS0101.jsp?l6=en_US&isReadBulletinzh_TW=true). For registration information about company names, please visit the website of the Ministry of Economic Affairs to access the QCompany Registration Information and Application System (https://gcis.nat.gov.tw/mainNew/English/classEnAction.do?method=list&pkGcisClassEn=19). Making the appropriate registration will eliminate the situation where a trademark has been registered as another's company name or where a company's name has been registered as another's trademark, which could result in confusion to consumers and give rise to trademark disputes.

• Publish Date : 2008-04-23
• Update : 2022-07-25
• Organization : International Legal Affairs Office
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