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Is Trademark Statement Not Dedicated in Taiwan?

When applying for a trademark, it is often proposed by the trademark agent that a disclaimer of certain parts of the trademark in order to avoid the possibility of future correction or the Intellectual Property Office’s request to submit a reply to review opinion, or even to disapprove; however, what exactly is the disclaimer? What words need to be declared?

According to Article 29(3) of the Trademark Law, ” Where the reproduction of a trademark contains an element which is not distinctive, and where the inclusion of that element in the trademark could give rise to doubts as to the scope of the trademark rights, the applicant shall state that he/she disclaims any exclusive right to such element. Such trademark without disclaimer shall not be registered”. The so-called not distinctive part refers to the description of the quality, usage, raw material, place of origin or characteristics of the designated goods or services, the common mark or name or other.
For example, “” is used for products such as detergents. Among them, “Master” is a self-proclaimed term. “Master Home” refers to a person who specializes in the daily affairs of the family and mainly focuses on the quality and professional characteristics of the products, therefore, should be declared non-exclusive.

However, there are some words in the review practice that do not need to be specifically stated as non-exclusive but are automatically classified as non-exclusive at the time of the review. They are mainly terms that directly state or describe the product or service; for example, “hot pot” is used for hot pot restaurants, Shop; “Delicious” for breads, cakes; “FASHION” for clothes, wallets, make-up, etc. Or other commercial commonly used words such as: “card”, “group”, “shop” and etc.

In fact, in all categories and fields of goods or services, some of the non-specialized words may be different, it is recommended to consult a professional trademark agent, based on trademark examination standards and experience, to provide the best suggestions that favour your company’s trademark application.

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Benny Kong & Tsai, Solicitors

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