Can I apply for a trademark on my own?

In reality, the Taiwan Ministry of Economic Affairs Intellectual Property Office is making significant efforts in the area of electronic trademark applications. Everyone can submit a trademark application through the Intellectual Property Office's online system. However, there is a difference when it comes to submitting a trademark application on your own. It can be more complex, and your ability to search for trademarks and assess the likelihood of approval may be less accurate, which can lead to application failures or not adequately protecting the core categories that should be protected.

What is the process and what should I pay attention to when applying for a trademark on my own?

If you are applying as an individual, before applying for a trademark, you should first confirm whether you have obtained a natural person certificate and registered as a member on the eNet website, uploading your card certificate. Alternatively, you can directly engage a professional trademark agency like goldkeen Trademark Agency to apply for a trademark.

Once everything is ready, we can begin by conducting a preliminary search on Google to see if someone in the market is already using a name identical or similar to yours in the same or related industry. If you cannot find the same name being used in the same industry, then congratulations, your brand name may not have been registered as a trademark by someone else yet. Let's proceed to the next steps together:

1. Pre-trademark application search

a. Text similarity search

Access the Taiwan Intellectual Property Office Trademark Search System - Text Similarity Search page (https://cloud.tipo.gov.tw/S282/OS0/OS0101.jsp), enter your brand name in the "Search Text" field, and the Intellectual Property Office will perform searches in both Chinese and English.

b. mage similarity search

If your brand logo is in image format, how can you check for similar prior cases?

Don't worry! The Intellectual Property Office's search system can also assist with preliminary searches.

👉Click here to enter: Taiwan Intellectual Property Office Trademark Search System - Image Similarity Search page
   Select image features and enter the product/service name or group for the "Search."

Searching for image trademarks is a bit more complicated than searching for text trademarks. Jinrui recommends that you consult a professional trademark agent for evaluation and search. After all, professionals with legal expertise can provide valuable insights based on their experience and knowledge, which is crucial for a successful trademark application.

c. Taiwan Trademark Product and Service Name Classification Search

Access the Taiwan Intellectual Property Office Trademark Search System - Product and Service Name Classification Search page.

★Trademark Search Tips:

 a. In Taiwan, you can enter either two digits (e.g., 45 for legal services), four digits (e.g., 4522), or six digits for product/service name or group classification. If you're not sure about the classification number, you can enter the Chinese name in the "Product/Service Name or Group" field and click "Search," or click on the right to "Check Categories."

b. If you get too many search results, you can enter a "Application/Priority Date" range to narrow down the search.

c. The information provided by the trademark search system is for reference only and cannot be used as the sole basis for the approval or rejection of an application.

Want to save time, effort, and increase the chances of your trademark being approved? Contact Jinrui Trademark Agency now for key advice on trademark approval.

  Consult a trademark specialist now            Taiwan trademark search

2. Apply for a trademark online

If there are no prior cases found during the trademark search, you can proceed with the online trademark application. Basically, follow the requirements on the official website step by step to submit your application.

The process can be divided into: Logging in as a member → Filling out trademark registration information → Confirming the information → Signing → Submitting.

Upon reading this, some people might think that applying for a trademark registration is so simple. So, why should I engage an agency?

In fact, whether a trademark is approved or not involves many other points to consider in addition to the preliminary trademark search mentioned above.

The examination committee will also judge whether the trademark can be registered according to the Taiwan Trademark Law. For example, Article 29 of the Trademark Law lists situations where trademarks lacking distinctiveness cannot be registered. Some terms are widely used by industry professionals, becoming generic words. Some are place names, or words that clearly describe the products/services, which are not recommended for trademark application.

Well, that's all for today's sharing. In the next post, we will discuss trademark categories and examination criteria for trademark registration.

#For all trademark matters, consult a trademark expert. Click here to inquire about trademark issues now.