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The Goodwill and Malicious Squatting of Trademarks in Taiwan
We all know that a trademark is a word, phrase, p...
Indonesian Trademark Opposition Analysis and 2024 Predictions
Indonesia, with a population of 278 million, is a...
The United States Patent and Trademark Office establishes the Office of Public Engagement
On March 11, 2024, the United States Patent and T...
Annual report 2023
We have taken stock and can say that 2023 went well! We recorded a slight increase in patent applications at our office and Austrians worldwide even filed 2.5% more patents than in the previous year. In our recently published annual report, you can find the details of patents, trademarks and designs, who filed the most inventions and which federal state was the most innovative.
Q & A on Letter of Consent System in Korea
The Letter of Consent system, which will take eff...
Agency for Cultural Affairs releases “Draft Approach to AI and Copyright”
At the 5th meeting of the Subcommittee on Legal S...
Revised Trademark Law Comes into Effect on April 1, 2024 – Introduction of Consent System, Relaxation of Requirements for Registration of Trademarks Containing Names of Others
The Trademark Law, etc. (Patent Law, Utility Mode...
Walking on Thin Ice: Pitfalls of Misusing Registered Trademarks
To maintain trademark rights, avoid unauthorized changes, ensure proper use, and promptly file for changes or new registrations to prevent revocation or infringement.
2024 is shaping up to be a pivotal year for the EUIPO, and users must remain front of mind
This week we reported on concerns over the transp...
KIPO to Prevent “second or third ‘Deop-juk’ incidents”
The Korean Intellectual Property Office (KIPO)’s ...
Abolition of Accelerated Examination System Through Specialized Institutions
On December 20, 2023, the Korean Intellectual Pro...
Intellectual Property Statistics Trends Through November 2023
1. Intellectual Property Statistics Trends Throug...
Patent Dispute Trends – 5G Communication Patent Litigation Continues
The competition related to 5G communication techn...
Amendment to the Enforcement Decrees of the Patent Act
1. Revision of Subjects for Accelerated Examinati...
Information about IP matters in Taiwan
I. Case Study: Identification of Trademark Eviden...
KIPO SJP's Investigative Authority to be Further Expanded
The Special Judicial Police operating under the K...
Turkey's New Trademark Revocation System: Administrative Changes Effective January 2024
Administrative revocation will be possible before...
GIs for craft and industrial products in the EU
A new EU Regulation on geographical indication pr...
4 Differences between trademark registration in the US and the EU
Trademark laws and registration processes vary fr...
Analysis: Low rate of female inventors - Results of a qualitative survey
When the European Patent Office's (EPO) study "Women's participation in inventive ac-tivity" was published in November last year with the headline "New study: Fewer than 1 in 7 inventors in Europe are women",1 it was hardly surprising that Austria was not among the top performers in terms of female inven-tors, as Europe lags behind other continents in terms of the female participation rate in in-ventions.2 What was surprising, however, was that Austria is ranking in last place, with just one woman among 12 inventors.
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{{enterWhos.enText}} Trademark Registration
Registration process
Requirements
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Principle of trademark protection:Principle of trademark protection;
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Classification system of goods and services:Nice Classification; multi-class application is available;
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Requirements for trademark use:The applicant shall provide evidence showing use of the trademark on the designated goods/services. Evidence of use for goods includes but not limited to: product photos printed with trademarks, product packaging, product labels, exhibition pictures, brochures, sales contracts and other purchase documents and information; but advertisements or media reports cannot be used as evidence of effective use. Evidence for services includes but not limited to: the brochures printed with trademarks, web page introductions, contracts for provision of services and other documents.
It is important to preserve the evidence when use a trademark in United States; otherwise the trademark will be partially or totally invalidated over the designated goods and services for not submitting sufficient mark use evidence during the stage of submitting the statement of use. -
An application for trademark registration shall be filed before the U.S. Intellectual Property Office (USTPO), and there must be a basis for filing application in the United States. There are mainly three types:(1)"Intended Use": This basis applies to cases where the trademark has not been used in the United States at the time of filing the application for registration. Based on "intention to use" to file an application for trademark registration, the application can be submitted directly without providing evidence of trademark use. However, when the official passes the trademark examination, an official notice will be issued requesting the applicant to submit evidence of use and the time of first use in the world and the United States in order to obtain a trademark registration certificate. If the trademark has not been used before it is approved for registration, the applicant may postpone the submission of the statement of use for a period of 6 months at a time, for a total of 5 times. If the use evidence cannot be provided in the end, the trademark will be invalid.
(2)"Actual Use": This basis is applicable to the case where the trademark was already used in the United States when the application for registration was submitted. When filing an application for trademark registration on the basis of "already used", evidence of the use of the trademark in the United States and the earliest date of use shall be provided.
(3)"Registration in Other Countries": This basis is used when an application for registration of the same trademark has been submitted in the origin country and the applicant cannot provide mark use evidence in the United States for a short period of time. Application information (including designated goods/services) in the US application should be consistent with those in the application of origin country, and a copy of registration certificate in the origin country should be provided.
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