Relationship between the Actual Use of Trademark and Disapproval of Trademark Application in Taiwan

Whether to enterprises or individuals, at the time of founding a brand and setting up a company, the first issue coming to mind must be registering your trademark in order to enjoy the legal protection of trademark right. Yet, from time to time applicates often neglect the important of “actual use” of their trademarks.

In Taiwan, the underlying requirement of trademark registration is not explicitly stated: registration does require actual use of the trademark. Therefore, most people only focus on designing a unique and distinctive trademark. Of course it is a delight to have your registration approved. But in case trademark officers identify similar trademarks from previous applications during the course of application, they would demand applicants to submit evidence of actual use. Without concrete evidence, all prior effort is wasted.

In terms of the criteria of trademark examination, we can prove the distinctiveness of our trademark to the officers based on its shape, sound and meaning. However, past experience has told us that we would have a better prospect to succeed if consumers and the public at large are familiarised with our trademarks in their actual use.

In short, we can wait for the registration to be approved before we put our trademarks in actual use. Yet, planning in advance would save us from the embarrassing situation where we have no evidence or supporting information to submit when our applications are disapproved. Hence, a reliable agent is necessary to advise and assist you on your applications, and inform you of the actual operation of trademark registration. Only then you would be ready to overcome any critical situation that may arise during the process.

For more detail about the actual procedures of trademark registration, or to access processional and complete information, please contact us anytime. Our professional agents would formulate comprehensive strategies and take you one step ahead of your competitors, maximising the advantage of trademark protection!